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Tool - Environmental Compliance - Regulation 216 FAA
USAID Environmental Compliance (FAA Reg. 216)
Source: {http://www.usaid.gov/our_work/environment/compliance/index.html} Note the links associated with this page go to the USAID which should be consulted for more recent updates and postings.
As a federal government agency, the U.S. Agency for International Development (USAID) is subject to applicable U.S. environmental laws, regulations, Executive Orders and procedures that ensure the wise use of the taxpayer’s money. Effective implementation of these through state of the art environmental impact assessment ensures that the development activities USAID undertakes are not only economically sustainable but are protective of the world’s environment on which we and future generations all depend.
Implementation and compliance within USAID is coordinated and enforced by a team of professional environmental staff led by the Agency Environmental Coordinator and a network of Bureau Environmental Officers, Regional Environmental Advisors and Mission Environmental Officers.
Title 22, Code of Federal Regulations, Part 216 (22 CFR 216)
These are USAID’s environmental impact assessment procedures. They are intended to implement the requirements of the National Environmental Policy Act of 1970, as amended (NEPA) as they affect the USAID program. 22 CFR 216 applies to all USAID programs, projects, activities and substantive amendments. The following Spanish translation is made available for informational purposes. In the event of any conflict in interpretation between the English version and the Spanish version, the English version shall always control.
These procedures have been revised based on experience with previous ones agreed to in settlement of a law suit brought against the Agency in 1975. The Procedures are Federal Regulations and therefore, it is imperative that they be followed in the development of Agency programs.
In preparing these Regulations, some interpretations and definitions have been drawn from Executive Order No. 12114 of January 1979, on the application of the National Environmental Policy Act (NEPA) to extraterritorial situations. Some elements of the revised regulations on NEPA issued by the President's Council on Environmental Quality have also been adopted. Examples are: The definition of significant impact, the concept of scoping of issues to be examined in a formal analysis, and the elimination of certain AID activities from the requirement for environmental review.
In addition, these procedures: 1) provide advance notice that certain types of projects will automatically require detailed environmental analysis thus eliminating one step in the former process and permitting early planning for this activity; 2) permit the use of specially prepared project design considerations or guidance to be substituted for environmental analysis in selected situations; 3) advocate the use of indigenous specialists to examine pre-defined issues during the project design stage; 4) clarify the role of the Bureau's Environmental Officer in the review and approval process, and 5) permit in certain circumstances, projects to go forward prior to completion of environmental analysis.
Note that only minimal clarification changes have been made in those sections dealing with the evaluation and selection of pesticides to be supported by AID in projects or of a non-project assistance activity.
- Environmental Compliance Laws
- This is USAID’s underlying enabling legislation. This link will provide the entire Act which is more than 763 pages long and provides an overall context [PDF, 4MB]. For ease of use, the links below lead to pages that provide selected FAA environment related sections.
- Foreign Assistance Act, Part I, Chapter 1, Section 117 – Environment and Natural Resources
This section provides overall environmental authority and requires environmental impact assessment procedures which are fulfilled by 22 CFR 216 listed above.
- Foreign Assistance Act, Part I, Chapter 1, Section 118 – Tropical Forests
This Section provides authority and direction for USAID in working to conserve and manage tropical forests.
- Foreign Assistance Act, Part I, Chapter 1, Section 119 – Endangered Species
This Section provides authority and direction for USAID in working to conserve and manage endangered species and biological diversity.
- Foreign Assistance Act, Part I, Chapter 1, Section 117 – Environment and Natural Resources
- National Environmental Policy Act of 1969, As Amended (NEPA)
This is the law that governs federal environmental impact assessment. Related material is available on the NEPAnet web page mentioned above.
- Appropriations Acts
Each year Congress enacts laws to provide funding to federal Agencies. USAID’s funding is included in the Foreign Operations, Export Financing, and Related Programs acts. These acts typically include supplemental legislative direction on USAID environmental programs. Since appropriations acts change from fiscal year to fiscal year they are not included on this web page. Links to them are readily available on Congress’ official web page found at {http://thomas.loc.gov/}
International Financial Institutions Act of 1977, As Amended, Title XIII
This Title assigns roles to USAID and the Departments of Treasury and State in strengthening environmental performance and monitoring environmental impact assessment at the multilateral development banks, and using this information to inform U.S. votes on loans. These banks include both the World Bank and the regional development banks.
- Environmental Compliance Guidelines and Training
Resources
- Rapid Environmental Assessment (REA)
In certain emergency circumstances, expedited impact assessment or REA can be appropriate to meet the purpose and intent of 22 CFR 216 while simultaneously meeting the purpose and intent of the speed of an emergency response. Consult with the appropriate Bureau Environmental Officer to determine when this approach should be used.
- Guidelines on Environmental Impact Assessment for Low Volume Roads
Contents of the Low-Volume Roads Engineering Best Management Practices Field Guide.
- USAID's Africa Environmental Assessment Capacity Building Program (ENCAP)
USAID Africa Bureau's ENvironmental Assessment CAPacity Building Program. Resources link to
Documents, training materials and other resources on environmental impact assessment and environmentally sound design.
- Environmental Guidelines for Small-Scale Activities in Africa: Environmentally Sound Design for Planning and Implementing Humanitarian and Development Activities (1996) [PDF, 845KB]
- Environmental Guidelines for Development Activities in Latin America and the Caribbean
Title 22, Part 216 of the Code of Federal Regulations establishes the environmental review process for USAID development assistance.
- Environmental Guidelines for Small Scale Activity in Asia Near East
- A Cooperating Sponsor's Field Guide to USAID Environmental Compliance Procedures [PDF, 288KB]
Training
- USAID Environmental Procedures Training Manual
The USAID Environmental Procedures Training Manual is a guide to compliance with USAID environmental procedures for USAID staff and Partners. The EPTM currently exists only in English. The tables, matrices and forms suggested in the EPTM are intended to be helpful to preparers and reviewers, but they are not specified by Reg. 216. Each Mission or Mission partner may decide whether they are useful in documenting 22 CFR 216 requirements. - ENCAP Training Courses
ENCAP has developed or helped support the development of three courses:- Africa Regional Course in Environmental Assessment and
Environmentally Sound Design for Small-Scale Activities - Improving Success Rates for Micro-, Small and Medium Enterprises (MSMEs) Through Cleaner Production
- SAID Environmental Procedures and Mainstreaming Environmental Considerations in Development Programs: A Training Workshop for USAID Staff
- Africa Regional Course in Environmental Assessment and
- Rapid Environmental Assessment (REA)
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