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Tool - Environmental Compliance - Regulation 216 FAA

by webadmin last modified Jan 10, 2013 09:47 AM

USAID Environmental Compliance (FAA Reg. 216)

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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.

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