E1027

REPUBLIC OF v 1

LAND REGISTRATION AND CADASTER SYSTEM FOR SUSTAINABLE AGRICULTURE

Public Disclosure Authorized

ENVIRONMENTAL ASSESSMENT

Public Disclosure Authorized

VOLUME I: ENVIRONMENTAL MANAGEMENT FRAMEWORK

Public Disclosure Authorized

Public Disclosure Authorized April 2004 TABLE OF CONTENTS

I. Background

II. Project Description

• Project Objectives • Scope of the Project

1) Farm Privatization and Land Registration Component 2) Farm Information and Irrigation Support Component 3) Project Management and Policy Support

• Institutional Arrangements for Implementation

III. Description of the Project Area

IV. Environmental Assessment Requirements

• World Bank Policy and Environmental Assessment Requirements • Tajikistan Policy and Environmental Assessment Requirements

V. Environmental Assessment Framework for the Projects

• Direct Impact 1) Irrigation and rehabilitation works 2) Infrastructure works

• Indirect Impacts 1) Tenure reform: changes in land use and agricultural intensification 2) Reform in water management

• Monitoring and supervision

Annex I: Summary of Environmental Management Guidelines

2 ABBREVIATIONS AND ACRONYMS

ARC Agricultural Reform Commissions BCM Billion Cubic Meters (m3) CCA Copper chrome arsenate CSF Collective / State Farm EA Environmental Assessment EIA Ecological Expertise EMF Environmental Management Framework FAO Food and Agriculture Organization FIAS Farm Information and Advisory Services LRCSP Land Registration and Cadastre arm Privatization Support Repeater Project FPSP Farm Privatization Support Project FTC Farmer Training Center IFAD International Fund for Agricultural Development IPM Integrated Pest Management LARC Local Agricultural Reform Commission LOI Letter of Invitation M&E Monitoring and Evaluation MOIWR Ministry of Irrigation and Water Resources MNP Ministry of Nature Protection MOA Ministry of Agriculture NRM Natural Resource Management OP Operational policy PMP Pest Management Plan PMU Project Management Unit RLRO Regional Land Registration Office SCEP State Committee for Environmental Protection SEE State Ecological Expertise SLC State and Land Committee UPN Unified Parcel Number WHO World Health Organization WUA Water User Association

3 I. BACKGROUND1

• General data and farm privatization information: Tajikistan is a mountainous, landlocked country of 143,000 square Kilometers and a population of about 6.2 million. It is one of the poorest areas in Central Asia. An estimated 85 percent of the population presently cannot meet their basic needs for food, health and educational services. Agriculture is critical to alleviating this poverty (About 65% of the economically active population is engaged in agriculture).

Farm privatization is a central issue in the development Tajikistan’s agriculture. Some two thirds of the population is directly dependent for their living on Tajikistan’s 4.6 million ha of agricultural land, of which the greater part is rain-fed pasture land. Of the total 2.4 million ha of agricultural land, only about 850,000 ha are arable and irrigated, some 800,000 ha of which in lowlands are under rotation between cotton and cereal crops, with about 320,000 ha under cotton at any one time.

The privatization process is more complicated than in neighboring countries due to the strong vested interested in the cotton areas which oppose the move. Another difficulty comes from the legacy of the civil war (1992-1993), which weakened the country and the legitimacy of the government. Additionally, there were substantial land grabs, during this period of turmoil, by powerful militants in certain hill areas which were most affected by the war, and many of these grievances are still existent today. This factor adds to the difficulty of farm privatization and exacerbates the already difficult situation of privatizing lands where specific private ownership is often difficult to establish due to the previous Soviet collective farm system.

Under FPSP I, 10 pilot Collective/State farms (CSFs) located in the low lands to evolve a model for privatization, have been privatized, transferring land to some 5782 farm families with secured land use certificates that clearly define the parcel boundaries, coordinates, and registered with a Unified Parcel Number (UPN) in a central database. Thus was established a transparent, equitable and generally acceptable model of privatization of CSFs to be used by government. To varying degrees, this mechanism has begun to be adopted in a number of areas, particularly in the higher level plateaus which do not grow cotton crops where the financial situation on the former CSFs had become so bad that the local administration decided to divest itself from any responsibility in this situation. By end of 2003, there were an estimated 21,000 private farms covering some 350,000 ha of which some 30,000 ha are irrigated land including the 19,000 ha under the Bank’s 10 pilot farms.

• Land resources: The total area of the land resources of Tajikistan is 14.2 million hectares. Nearly 4.6 million ha are currently agricultural lands, including 3.6 million ha of pastures and 720-840 thousand ha of arable lands, and over 100 thousand ha of perennial plantations. Rocks and debris occupy 17.5% of the total area, glaciers and watercourses - 9%, forested areas - 3%, urbanized areas (settlements, transport, industrial lands) - about 2%. Over 5 thousand farms have been organized lately; they own mainly arable and irrigated lands. Forests and pasturelands are a state property.

1 Source of data: http://www.grida.no/enrin/htmls/tadjik/soe2001/eng/index.htm and World Bank

4 The specific area of arable lands reduces year by year. In 1970, there was 0.17 ha of arable lands per capita, in 2000 - 0.12 ha per capita; this indicator is projected to decrease to 0.08 ha per capita by the year 2010. There are 1.5 million hectares of lands suitable for irrigation in Tajikistan; half of them have been already developed. These are mainly lands with a relatively flattened relief, located in lower terraces of rivers and ancient fans.

Land degradation in these areas contributes to further impoverishment by causing mudslides (ruining villages, roads and farmland, and irrigation and water systems), soil erosion (undermining agricultural productivity) and silting of waterways used for irrigation. The mountain territories of Tajikistan are also globally important ecosystems with diverse flora and fauna (including many of economic importance) which face persistent threats from unsustainable land use and natural resource management. However, these areas have good productive potential which is currently underutilized. Exploiting this potential in an environmentally sustainable manner could not only improve life for people in the highlands, but also relieve pressure on the lowlands, while at the same time providing opportunities for protection of globally biodiversity.

• Water resources: Tajikistan is rich in water resources. It is necessary to note that mountains of Central Asia occupying 20% of the total area of the Aral Sea basin (350 thousand sq. km) gives 90% of surface runoff. Tajikistan’s water resources mainly arise owing to glacier melting and precipitation. Total freshwater reserves in Tajikistan’s glaciers and snowfields are estimated at 550 cub. km. Many of them are located in the basins of Obihingou, Gunt, and rivers as well as in other high-mountain areas.

The water areas in Tajikistan are a principal source of the waters of the Aral Sea basin. Total average annual flow formed in Tajikistan is about 64 BCM. Almost all goes to the Amu Darya. In high water years, Amu Darya flows from Tajikistan can be as high as 90 BCM; in low years, as little as 39 BCM. Total annual diversion is about 13 BCM annually (92.5% from surface sources, 7.5% from ground sources.) Total annual use is about 11 BCM, of which about 4% for domestic and drinking purposes, about 6% for production, 84% for irrigation, and about 5% for agriculture. Irrigated farming dominates water consumption by volume (about 85%).

Peculiarity of mountain territory and plenty of water supply sources promoted the development of rich river network, numbering 947 rivers with length more than 10 km and with total length 28,500 km, which have glacier-snow and rain feeding. Surface runoff varies from place to place and in some areas exceeds 45 l/sec/sq.km. The maximum water discharge is observed in June- August when snow and glacier melting is most intensive.

The basis of agricultural production is irrigated farming: about 90% of all agricultural production is produced on irrigated land.

• Irrigation: Most of the principal irrigation and drainage infrastructure, now 30 years old is in danger of collapse. This has led to practices such as making temporary repairs and cannibalizing parts which aggravate the situation even further. The system now manifests a rapid deterioration in operating efficiency of pumping stations, increased losses in the main canals and low water use

5 efficiency at the field level. Fertile agricultural lands are being abandoned at an alarming rate, and if nothing is done, continued deterioration of rural livelihoods could lead to large scale migration from the rural areas to urban towns adding to the high unemployment and urban poor.

Despite the abundance of water resources and presence of humid regions, deserts occupy a part of Tajikistan’s territory. They comprise 40% of the Eastern Pamirs, small areas in southern and northern Tajikistan, and Syrdarya rivers. Natural desertification is observed in many zones of Tajikistan, which is due to its geographical location among the large deserts of Eurasia: Gobi, Karakum, Kyzylkum, and Taklamakan. Basic driving forces of desertification and land degradation are climate change, deforestation, improper irrigation, excessive use of agricultural lands combined with high chemical inputs. The Project through the IPM will emphasize the value of green fertilization and increased use of organic fertilizers..

• Biodiversity: The pasture lands and wider watershed basins contain a rich mix of plants including rare and genetically valuable grasses, herbs, bushes, and trees. Tajikistan has committed itself to conserving biodiversity in its sovereign territory (as outlined by the National Biodiversity Conservation Action Plan of 2003), and it is a signatory to several international Conventions. Furthermore, the country's Poverty Reduction Strategy Paper (2002) emphasized the need for adoption of sound agricultural practices, restoration and rational use of natural resources, as well as better management of water resources, as national priorities.

• Forests: The total area of the State Forest Reserves in Tajikistan is 1.8 million hectares, including lands of forest authorities 1.79 million hectares. From this area, trees and shrubs cover 410 thousand hectares, which is 23% of the State Forest Reserves. Outside of that area, there are fragmentary forestlands within pastures and remote mountain regions totally 150-250 thousand hectares. Almost all forests are the state property. In general, forests cover just 3-3.5% of Tajikistan’s area. Forest resources of Tajikistan consist of 200 species of trees and bushes, including rare, relict and endangered species.

II. PROJECT DESCRIPTION

Project Objectives LRCSP’s objective is to expand farm privatization through a repeater project to enable more rural people to become independent farmers and take management decisions in response to market forces, by providing them secure land use rights certificates distributed in a transparent and fair manner, and providing essential complementary support services.

This repeater project will strengthen the SLC and local land staff capacity to enable support to an additional 30 raions (beyond the six raions supported by FPSP I), and covering at least 300 of the 616 CSFs. Most of this expansion will be in mountain areas, but it would also include some cotton areas, to the extent to which vested interests can be overcome and that privatization of these areas would not involve the legitimization of unfair or unsustainable measures to address debt issues2.

2 It is estimated that at least 15% or 45 of the CSFs covered by the repeater project would be in cotton growing areas.

6 Scope of the Project

The US$ 10.6 m five-year project, financed with a US$ 5 m IDA Grant, US$ 5 m IDA Credit, US$ 0.5 m beneficiary contribution, and US$ 0.1 m Government co-financing will comprise: A. Farm Privatization and Land Registration Component (US $4.7 million) will privatize 300 CSFs in a transparent and fair manner, issue at least 75,000 secure land use certificates, and establish a uniform, parcel-based system of registration of land use rights by further supporting the central office of the SLC in , upgrading four land offices to Regional Land Registration Offices (RLROs), establishing three new RLROs, and training staff to provide the required services. The project will finance equipment for surveying, mapping, digitization software and hardware, and training. B. Farm Information and Irrigation Support Component: (US $ 4.43 million3). This component will involve three subcomponents: • Information for farmers. This subcomponent will expand the FIAS established under FPSP I to cover all 36 project raions, using local specialists to provide rural citizens with detailed information on the privatization process, including the land law, rules and regulations governing the allocations, and individual’s rights to farmland. It will train project area rural people and also support nation-wide campaigns through mass media programs, and booklet preparation and distribution, with a systematic approach to reach youth and women. • On-farm irrigation and water management support. This subcomponent will provide grants to water user and farmer organizations for works and goods needed to rehabilitate on-farm irrigation and water management systems, including the retrofitting required due to the smaller size of farms. It will foster the creation of water users and farmer organizations to ensure a beneficiary contribution of at least 20% in the rehabilitation investments and that these groups assume full responsibility for the operation and management of field level irrigation. • Integrated Pest Management. This subcomponent will build the capacity of FIAS to advise and train farmers and others in integrated pest management. It includes support for training, demonstration plots, and equipment. C. Project Management (US$ 1.2 million). This component will support the incremental costs of using the existing Project Management Unit (PMU) to manage FPSP-II. D. Policy Support (US$0.3 million). This component will support capacity development within the Ministry of Agriculture to enable Tajikistan to address national policy issues associated with scaling up the FPSP-I approach. The policy support will include the establishment of a small policy unit, as well as technical assistance and training, to address land administration, cotton, water management, and other policy issues related to farm privatization. The policy support will also address the special issues associated with the de facto land redistribution during the civil war. Institutional Arrangements for Project Implementation

The implementation period for the project is 5 years from March 2005 to September 2010.

3 After project inception, this component may be expanded to include US$3.0 million co-financing from IFAD for information and organizational activities supporting crop production and marketing.

7 Farm Privatization Process. FPSP-II would continue to use the steps to farm privatization that were developed under FPSP-I: a) A local agricultural reform commission (LARC), with representatives of farm employees, village administration, community groups forms, discusses farm privatization in the General Body meeting, resolves to privatize their CFS, and informs the raion administration. b) The raion land staff complete the survey of the CSF, and prepare a 1: 10,000 scale digitized map clearly demarcating the cropped area, public arable lands, roads, canals, water bodies, buildings and other features, arable lands, pasture, forest area etc, and also the areas that will remain under state and municipal ownership. c) Raion land staff and the LARC determine the list of workers/citizens who have use rights to CSF land shares. d) The LARC, in consultation with workers’ representative group leaders and NGOs, determine the number and size of individual or family land shares and non-land shares- based on farm size, land classification and number of citizens within the farm possessing legal land use rights. Raion land staff document these through a follow-up survey and update the maps. e) The raion land staff, LARC, and traditional local representatives – Akshakals, administer a lottery to determine the order in which recipients select their specific land shares. f) The raion land staff physically demarcate the allocated parcels using stakes and boundary surveys in presence of village public - followed by installation of permanent boundary markings. g) The raion land staff prepare draft land certificates (akts) with Universal Parcel Numbers (UPNs), and other required documentation, for clearance by the LARC, the raion administration, and approval of the Dushanbe SLC office. h) After clearances a two week period is provided to allow appeal of land allocation decisions to local, raion or federal authorities. i) The SLC in Dushanbe finalizes the land certificates and associated documentation and sends it to the raion administration. j) The raion administration finally approves the land allocation and issues the certificates to the farmers.

Allocation of Implementation Responsibilities. Implementation responsibilities would vary by component: • The central office of the SLC in Dushanbe and the six Regional Land Registration Offices (RLROs) would take the lead in implementing the farm privatization and land registration component in accordance with the steps outlined above. • The FIAS (which will soon be transferred from the PMU to the Ministry of Agriculture) and the FTC , with support of regional and raion land staff and contracted specialists, would implement the information for farmers subcomponentby producingdissemination materials and carrying out field-level dissemination and training. • Water users associations or other farmer organizations would implement the on-farm irrigation and water management rehabilitation investments in collaboration with the raion level staff of the Ministry of Irrigation and Water Resources (MIWR) and PMU specialists, after receiving support in their establishment and capacity development from the FIAS and the FTC.

8 • The FIAS and FTC would take the lead in implementing the integrated pest management subcomponent in collaboration with raion level agricultural and environmental officials • The existing PMU for FPSP-I would manage FPSP-II. This PMU has already established well-functioning arrangements for procurement and financial management. LRCSP will finance a new PMU Deputy Project Management and the continuation of a few FPSP I staff (procurement, financial, monitoring/social development, training/communications, land, agriculture, environmental, and irrigation specialists) who would work exclusively LRCSP. The PMU will handle LRCSP’s requirements for project coordination, procurement, disbursement, financial management, reporting, monitoring, and evaluation. The PMU will also provide the secretariat services for the State Level Steering Committee, headed by the Deputy Prime Minister that will provide inter-ministerial coordination at the National level. • A new farm privatization policy section established within the Policy Implementation Review Unit under the State Economic Advisor to the President would coordinate the policy development activities, many of which would be contracted with procurement assistance from the PMU.

III. DESCRIPTION OF THE PROJECT AREA

The project will cover the entire country (refer to part I for country background information) although there is likely to be more activity in non-cotton area because of the strong vested interests in that sector. It is however estimated that 15% of the CSFs covered by LRCSP will be in cotton growing areas.

The privatization that will take place in the framework of the LRCSP project will only concern agriculture and domicile lands only. Under the project, there will be no privatization of national park areas, or areas classified as vulnerable habitat zones and natural / official forested areas.

LRCSP will expand SLC and local land staff capacity to enable support to an additional 30 raions (beyond the 6 raions supported by the first farm privatization project), and covering at least 300 of the 616 CSFs.

List of RLROs and Raions under the LRCSP Project Oblasts RRS Khatlon Sughd (Leninobod) GBAO Regional Land Registry Office Dushanbe Rasht Kurgan Tyube Kulyab Khujand Aini Khorog Raions Rudaki Rasht () Kholkozabad Dangara Zafarobod Matcho (Gorni) Vanj Shahrinau Tojikobod Yavan Sovet Matcho Aini Shugnan Rogun Jirgital Ghozimalik Shurobod Asht Penjikent Rushan Faizobod Hovaling Isfara Ishkoshim Darband Muminobod Shahriston Roshtkala Kulyab Gonchhi Murgab Ura Tube

9 IV. ENVIRONMENTAL ASSESSMENT REQUIREMENTS

World Bank Environmental Policy and Environmental Assessment Requirements

World Bank Environmental Safeguard Policies applicable to the FPSP are the Operational Policy OP 4.01 on Environmental Assessment and the Operational Policy OP 4.09 on Pest Management.

The World Bank Operational Policy OP 4.01 requires that an environmental assessment (EA) should be carried out for projects proposed for Bank financing in order to help ensure that they are environmentally sound and sustainable. Therefore, at an early stage in project preparation, the Bank examines the type, location, sensitivity, and scale of the proposed project and depending on the nature and magnitude of the potential environmental impacts, the project is classified into one of four categories: A, B, C, or FI. The scope and extent of the EA varies with the assigned category.

The Tajikistan Farm Privatization Support Project has been assigned an overall category of B, since the project involves potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats -- which are less adverse than those of Category A projects.

The environmental effects of the project, if any, will be minor or indirect. The civil works would be limited to office building rehabilitation and rehabilitation of on-farm irrigation systems. The project will not involve any major construction requiring resettlement or land acquisition. Temporary minor impact (dust, minor soil loss) can be expected from planting activities, and building and irrigation rehabilitation. Based on experience to date, farm privatization is likely to be associated with the development of more environmentally acceptable pest management strategies and skills, and will address natural habitat, sustainable land management, and other environmental considerations. The project will not convert or degrade critical natural habitat.

The World Bank Safeguard Policy OP 4.09 on Pest Management stipulates that “in assisting borrowers to manage pests that affect either agriculture or public health, the Bank supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides”, and “in appraising a project that will involve pest management, the Bank assesses the capacity of the country's regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. As necessary, the Bank and the borrower incorporate in the project components to strengthen such capacity”. Furthermore, “The Bank does not finance formulated products that fall in WHO classes IA and IB, or formulations of products in Class II, if (i) the country lacks restrictions on their distribution and use; or (ii) they are likely to be used by, or be accessible to, lay personnel, farmers, or others without training, equipment, and facilities to handle, store, and apply these products properly”. Pest management issues in the proposed project have been considered in detail and a PMP has been developed within the context of this environmental assessment. The PMP is attached as Volume II to this EA report.

Tajikistan Environmental Policy and Environmental Assessment Requirements

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The Constitution of Tajikistan guarantees “favourable ecological conditions” to every citizen. It further states that it is the responsibility of the government to protect the environment for future generations and for the creation of optimal conditions for socio-economic growth.

The Law on Nature Protection enacted in 1993, and revised recently in 2003, is the fundamental law governing environmental protection. This law determines the organizational framework for establishment and strengthening of environmental protection; authorizes the collection of fees and fines related to natural resource use and environmental degradation; provides legal basis for the provision on training in environmental protection measures; and the broad legal base for the State Committee for Environmental Protection (SCEP)4 to review any investment projects in the state. Other provision in the law includes: - Conservation of soils as biologically alive media to increase their regenerative ability and protection of fertility; - Provision of the necessary quality and quantity of water to meet the requirements of population and the economy; - Protection of biodiversity and conservation of conditions for the reproduction of historically significant fauna; and - Protection of environmental equilibrium and the development of monitoring to assist in that effort.

Under environmental regulations in Tajikistan, EIA ("Otsenka Voshzdeistviya na Okrujajushuiu Sredu" (OVOS)) is the responsibility of the project proponent, and "Gosudarstvennaya Ecologicheskaya Ekspertiza" – the mandatory State review of the project design along with the EIA (State Ecological Expertise (SEE)) for all investment projects is the responsibility of the State Committee for Environmental Protection and its regional offices. Furthermore, according to the recently passed Tajikistan Law (2003) on Ecological Expertise, all civil works, including rehabilitation works, should be assessed for their environmental impacts and proposed mitigation measures reviewed and monitored by the SCEP.

Tajikistan also has a number of supporting regulations/resolutions addressing environmental issues. Those relevant to the project are summarized below:

Table 8: Tajikistan Regulations of Environmental Significance

Synopsis Laws and resolutions Forestry Code of the The codes regulates forestry and is directed at creating conditions for Republic of Tajikistan rational use of forests, their safe keeping and protection, conservation and (1992) improvement of the natural environment, production of timber and agricultural products Water Code of Republic The code regulates the use of water - ensures the needs of the population, of Tajikistan (2001) economy, industry are provided for, and to ensure the protection of this valuable resource from pollution, obstruction and exhaustion. The water code also aims at improving condition of Tajikistan water reserves and to protect the legal right of citizens, enterprises, associations, and institutions that require water

4 Formerly known as Ministry of Nature Protection (MNP)

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On Protection and Use of Provisions regulates activities to protect wildlife by protecting habitat for the Animal World (1993) maintenance, reproduction and growth of wild life and regulate interaction of humans by carrying out scientific research. Land Code of the The code regulates rational land use and conservation of fertility and Republic of Tajikistan maintenance and improvement of natural resource base. (1992) Resolution on the Regulates the use of medicinal materials, including the hundreds of wild Unauthorized Collection species of plants found in nature of Substances (1990) Resolution on State Assigns the State Committee for Environmental Protection the Ecological review (1994) responsibility to review all government proposed development projects with the objective of enforcing environmental protection laws to ensure rational use of natural resources within socio-economic limitations. Resolution on State Definition of fundamental goals and tasks for the ecological-economic Ecological Program development of the Republic (2003) Law of Government Regulates the organization and conduct of ecological expertise (EIA), and Ecological Expertise the mandatory project review State Ecological Expertise (SEE) to determine (2003) the project relevance to sustainable development. Resolution on Regulations for chemical security, quality control, transport, storage and use Commission on Chemical of agrochemicals. Security of the Republic of Tajikistan (2003) Law of Plants Quarantine Regulates the movement of plant and animal materials - measures to control in Tajikistan introduction of exotic pests and diseases, plant protection and protection of (2003) products of plant origin from pests.

The organizational structure of the State Committee for Environmental Protection is presented in Figure 2. The Ministry has regional Committees in each of oblasts. The oblasts have offices in each raion, which constitute the smallest administrative unit of the SCEP. The raion inspectors (2-3 in each raion office) perform the function of field agents providing support to the Ministry in environmental inspection and enforcement. For the FPSP, the raion inspectors are considered the most appropriate personnel for oversight of the project environmental assessment process.

Contract Environmental Clauses:

Standard environmental clauses will be inserted within Section IX of each contract within the context of the LRCSP project and during the design of works. Additionally, other site-specific clauses are usually included in a given contract, and provide additional details to the standard clauses listed below. These state that:

“The contractor is responsible for the following measures for Protection of the Environment.

The natural landscape should be preserved to the extent possible by conducting operations in a manner that will prevent unnecessary destruction or the scarring of natural surroundings. Except when required for permanent works, quarries, burrow pits, staging and processing areas, dumps and camps, all trees, saplings, and shrubbery should be protected from unnecessary damage by project related activities. After unavoidable damage has occurred, the contractor is required to restore sites to quasi-original conditions where appropriate.

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Contractor’s operation should be performed so as to prevent accidental spillage of contaminants, debris, or other pollutants, especially into streams or underground water resources. Such pollutants include untreated sewage and sanitary waste, tailings, petroleum products, chemical, biocides, mineral salts, and thermal pollution. Wastewater, including those from aggregate processing and concrete batching, must not enter streams without settling ponds, grave 1 filters, or other process, so as to not impair water quality or harm aquatic life.

The contractor should ensure proper disposal of waste material and rubbish. If disposal is performed by burial or fire, it should not cause negative impact to either the air, soil or ground water supplies.

The contractor should minimize air and water pollution emission. Dust from the handling or transporting of aggregates, cement, etc., should be minimized by sprinkling or other methods. Materials, brush or trees should only be burned when the owners permits, under favorable weather conditions;

The contractor’s facilities such as warehouse, labor camps and storage areas should be planned in advance to decide what the area will look like upon completion of construction. These facilities should be located so as to preserve the natural environment (such as trees and other vegetation) to the maximum extent possible. After project construction, camps and buildings should either serve as permanent residences and form future communities, if such use can be foreseen and approved, or be torn down and the area restore its quasi-original condition in order to avoid deterioration into shanty towns.

Burrow pits should be landscaped and planted according to an ecological design to provide some substitute area for lost natural landscapes and habitats.”

V. ENVIRONMENTAL ASSESSMENT FRAMEWORK FOR THE PROJECT

1. Direct Impacts:

Although FPSP I did not have a formal consolidated environmental management framework, existing environmental management standards and practices under the FPSP I are satisfactory and will continued to be used under LRCSP. All civil works will be designed and implemented in accordance with environmentally sound engineering practices, and governed by existing environmental screening procedures and contractual standards developed under FPSP I.

1.a. Irrigation and rehabilitation works:

The proposed project activities will strengthen sustainable development of the irrigation sector and rural water services involving technologies, policies and actions directed at the integration of environmental protection. It would increase agricultural production, prevent the risk of decreased productivity of irrigated land, protect natural “assets”, and prevent the degradation of soil fertility. The mitigating measures which address the main environmental concerns in this project are as follows:

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(i) Dumping of excavated sediments and other materials from irrigation and drainage canals, structures : Mitigating measures would constitute an integral part of the design and implementation in the contracts binding the contractors to carry out the environmental obligations during construction of the sub-project. Standard bidding documents would have environmental precautionary clauses which would incorporate the following aspects:

(a) Preservation of natural landscape, to the extent possible, by conducting operations in a manners that will prevent unnecessary destruction or scarring of natural surroundings. Except where required for permanent works, quarries, borrow pits, staging and processing areas, dumps, and camps, all trees, saplings, and shrubbery should be protected from unnecessary damage by project related activities.

(b) Prevention of accidental spillage of contaminants, debris, or other pollutants, especially into streams or underground water resources. Such pollutants include untreated sewage and sanitary waste, tailings, petroleum products, chemical, biocides, mineral salts, and thermal pollution.

( c) Proper disposal of waste materials and rubbish. If disposal by burial or fire, it should not cause negative impact to either the air, soil nor ground water supplies;

(d) Minimize air and water pollution emissions. Dust from the handling or transporting of aggregates, cement, etc., should be minimized by sprinkling or other methods

(e) The contractor’s facilities, such as warehouse, labor camps, and storage areas, should be so located as to preserve the natural environment (such as trees and other vegetation) to the maximum extent possible. After project construction, camps and building should either serve as permanent residences and form future communities, if such use can be foreseen and approved, or be torn down and the area restored to its quasi-original condition in order to avoid deterioration into shanty towns.

(f) Landscaping of borrow pits according to the ecological design to provide some substitute area for lost natural landscapes and habitats.”

(ii) Agrochemical pollution, and surface water contamination will follow the key quality standards which would be monitored for irrigation water. They are presented in Annex 1.D.

1.b. Infrastructure Rehabilitation:

The civil works would be limited to office building rehabilitation and rehabilitation of on-farm irrigation systems. The project will not involve any major construction requiring resettlement or land acquisition. Temporary minor impact (dust, minor soil loss) can be expected from planting activities, and building and irrigation rehabilitation.

The environmental monitoring of the construction sites including regular sampling of soil and water within and around the construction sites and the involvement of the State Committee for Environmental Protection in monitoring and evaluation will help in developing systematic environmental monitoring on rehabilitated sites. The provision of basic laboratory equipment and training will help to improve the long term monitoring of soil and water quality. The

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environmental guidelines to contractors have led them to reduce damage to the landscape while undertaking works.

2. Indirect Impacts:

2.a Tenure reform: Changes in land use and agricultural intensification:

Findings from FPSP I and from land registration projects in other countries indicate that the improving farmer’s tenure security and ability to make farm management decisions has had a positive impact on land and soil management, and therefore on the environment in general.

Farm privatization is mostly associated with the development of more environmentally acceptable pest management strategies and skills, and will address sustainable land management, and other environmental considerations. The project will not convert or degrade critical natural habitat.

FPSP I demonstrated satisfactory environmental performance regarding its farm information and advisory services. While FPSP I did not have a formal Pest Management Plan, it did foster integrated pest management practices under the its farm information and advisory services, which LRCSP will continue to develop.

The project will not involve resettlement nor issuance of family farm certificates to areas subject to transhumance movement of livestock.

The following box describes the ten basic steps to be taken during the privatization and registration of land parcels. A particularly strong emphasis is given to the importance of a participatory approach, element which underlies the basis for the entire project.

Box 1: Ten Steps in Privatization and Registration of Land Parcels. I: Formation of local commission with representatives of farm employees, village administration, community groups to discuss, in the General Body meeting, and resolve to privatize their collective/sate farm by farm workers/shareholders participating and informing the raion administration to form the commission for the privatization of the farm; II. Take up and complete the survey of the proposed farm by SLC of the farm to be privatized, and update and prepare a 1: 10,000 scale digitized maps of the farms clearly demarcating the lands within each state/collective farm ownership, cropped area, public arable lands, roads, canals water bodies, building and other features, arable lands, pasture, forest area etc, and also the areas that will remain under state and municipal ownership; III: Determination of list of workers/citizens who would have rights to privatized land as outlined in draft land reform law and qualifying individuals for each farm determined by raion and local agricultural reform commissions; IV: Determination of individual/family land share and non-land shares- based on farm size, land classification and number of citizens within the farm possessing legal rights, determined by the local commissions consisting of worker’s representative group leaders and NGOs; with follow-up survey and updating of maps V: Distribution of land shares based on order, size and parcel location determined by a lottery supervised by the raion and local Agricultural Reform Commissions (ARC) and traditional local representatives - Akshakals; VI: Physical demarcation of allocated parcels using stakes and boundary ~ surveys in presence of village public - followed by permanent boundary markings to individual land parcel owners; VII: Preparation of land certificates (akts) with Universal Parcel Number (UPN), and other required documentation for clearance by ARC and for the raion administration and approval of ARC at Dushanbe and; VIII: Appeal to land allocation on the decisions of parcel allocation, to local ARC, raion or federal authorities if found necessary; to be addressed in two weeks, IX: Preparation of land certificates (akts) with coordinates, UPN and other required documentation by ARC and accord approval, and send them to raion administration, and records; and X: Final approval of land allocation by raion administration with supporting documents and akts; and Issuance by raion administration to the land owner. 15

2.b. Reform in water management:

• Water usage fees: It needs to be acknowledged that fees for 95% of billed water to water- users are actually being collected. This is not a small feat in a country where water has been used for the past 80 years in a very wasteful manner. This has allowed for more accountability, prevented water wastage, and allowed for better overall water management and distribution. Although this current system (which owes much of its success to the Water User associations created under FPSP I) is quite an improvement relative to previous conditions, it still needs to be improved and expanded on. While the current water fees are being collected, the amount collected is far less than what is necessary to sustain operations and maintenance costs of irrigations systems. Water prices have tripled since the project introduction, but they are still far short of covering full water cost recovery. • Creation of more Water-User Associations: The 9 WUAs were created and set up under FPSP I, and are currently operating and are providing a valuable service and contribute greatly to improved water distribution. WUAs have helped to improve the incentives for improved water management. The is a need to encourage the development of more WUAs, and the water fees they are charging are still too low to cover their operations and to properly maintain on-farm structures. WUAs are in the process of taking over the responsibility for fully funding the salaries of their employees out of fee revenues, and of gaining the skills and equipment needed for sustainable operation and maintenance. • Capacity building – Including environmental management

3. Monitoring and Supervision:

The PMU environmental specialist will review the environmental status of the project area to assist with the establishment of a baseline for the major environmental parameters and set up a monitoring program for periodic review of the project’s impact on the environment. The PMU environmental specialist will provide overall supervision and review bidding documents for inclusion of necessary environmental clauses. Monitoring of environmental indicators will also be a part of the overall project monitoring.

Additionally, monitoring will come from three other sources: - The environmental inspectors at the district level / Raion level - PMU Staff monitoring contracts - Local Water User Associations staff

Institutional Strengthening of PMU Capacity: In addition to the existing officials in the government’s environment agency, a full time environmental specialist will be recruited into the PMU to oversee the environmental aspects of project development and implementation. The main tasks of the environmental specialist will be to:

• assist with the review the environmental status of the project area and setting up a baseline as well as long term monitoring program for the major environmental parameters as part of the overall project monitoring and evaluation • oversee implementation of the environmental assessment framework for the projects

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• organize training programs • guide the project/agency staff about project requirements and provide them with necessary information (i.e., local, national, or international environmental standards and requirements for a obtaining permit/license, contracts, LOIs etc) • submit monthly progress reports to the PMU on the progress and adequacy of action taken towards the observance or otherwise of environmental parameters identified for each of the project elements during the implementation and point out weaknesses and suggest measures for improvement • provide guidance for project staff of the MOIWR, MOA, and assistance in reviewing the procurement bidding documents for inclusion of relevant environmental mitigation measures and identify weaknesses in design and specifications to resolve environmental problems • serve as a liaison between the environmental staff in the ME&NRM and PMU; and • assure that all relevant documentation and reports related to environmental aspects of projects are properly maintained by the PMU. • liaising with Farm Advisory Service and Farmers Trainers Center to ensure that environmental considerations are included in their technical dissemination. • liaising with Irrigation division of MOA to ensure that environmental concerns incorporate capacity building of irrigation user groups. • Supervision of pest management plan implementation and further developments.

The environmental specialist will have an advanced degree in Environmental Science and at least a 10 year working experience related to environmental management in natural resources and rural development projects. He/she should be familiar with procedures for environmental assessment and monitoring, pest management issues, national and international environmental standards and requirements, irrigation and land management, public health standards and technical parameter and safety standards. He/she should have at least a 3 year work experience in private, local or national government administration system and with international organizations.

4. Training:

The training programs will be organized under the project through the PMU. They will be organized to develop and expand professional skills and capacity in environmental management issues for staff involved in project implementation. Trainees would be specialists of the head- quarters and field offices of the MOIWR, MOA, agricultural extension staff, jamoat and raion officials, and PMU staff;

Training and extension activities related to pest management issues are described in detail as part of the Pest Management Plan (Volume II).

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ENVIRONMENTAL MANAGEMENT GUIDELINES

I - A. Infrastructure Rehabiliation:

Activity Issues Anticipated/Potential Effects on Environment Actions or Mitigation environmental Impact Measures

Small scale Dust, noise, solid wastes Initial erosion. Poor irrigation Minimize erosion potential, Apply construction standards channel work, during rehabilitation practices may lead to surface better control of water flow, and guidelines with irrigation system works soil loss, mineral leaching greater all-year round use of environmental clauses. Re- and reservoir and/or salinization. Pond and arable and pastoral lands reduce vegetate canal banks with reconstruction/con reservoir construction could pressure of over-grazing, and grasses and shrubs. Provide struction, deprive downstream areas of improve biodiversity farmer training in drip and rehabilitation water. sprinkler irrigation and Better water use should propose proper water pricing decrease erosion by controlling flash flooding. The provision of more watering points will enable fuller and better use of range/marginal lands. Increased ground cover by increasing cropping will help produce wind and water erosion

18 I - B. Indirect impacts of farm privatization

Activity Issues Anticipated/Potential Effects on Environment Actions or Mitigation environmental Impact Measures

Farm privatization Incorrect use or overuse Overuse or incorrect use of Ground and surface water may Only use internationally of fertilizers, and CCAs inorganic and organic fertilizers contain high levels of N and P approved CCAs (pesticides, (pesticides, herbicides may result in nutrient build up in and colloids which may have herbicides and insecticides)/ and insecticides; water courses, affecting aquatic adverse health effects. Store CCA in appropriate life and causing eutrophication of Positive effect – restoration and places and dispose of water bodies. CCAs may affect re-vegetation of watershed containers in recommended surface and ground water quality; areas. More sustainable use of ways. Practice alternatives to pose risk to workers health and land. Overall reduction of CCA such as integrated pest safety; result in bioaccumulation; erosion. Reduced dissolved management (IPM). Provide lead to crop resistance; reduction minerals in surface and ground timely training and of reproductive capacity. water; degradation of natural demonstration in all the above habitats. aspects. Advice given on the correct application of fertilizers. The use of organic fertilizers demonstrated and encouraged. Appropriate fertilizer and application time(s) recommended. Training given. Provide adequate supervision. Introduce licensing.

Changes to Incentives for better land use. Better allocation of land and Advice through FIAS. inappropriate land use. water in general. Monitoring of land use impacts. No “conversion” of vulnerable habitats.

19 I - C. Indirect impacts of Reformed Institutional arrangements for irrigation

Activity Issues Anticipated/Potential Effects on Environment Actions or Mitigation environmental Impact Measures

Irrigation Poor access to water, Dust, noise, silt and solid waste Negligeable environmental Monitoring for dust, noise, silt activities: poor drainage, or accumulation in canals and effects. and solid waste accumulation other degradation drainage system, in canals and drainage system, Generally, the effects stated damage to vegetation, Damage to vegetation, Nitrate, before will be quite mild for Nitrites Pesticides. this project which is a category Total Salts phosphates, B. Nitrate, Nitrites Pesticide residue levels, Farm land Water and soil pollution water table, chemical possible with increased composition of soils, and also agricultural production. the awareness level of villagers regarding environmental issues.

Nitrates Nitrites and other chemicals resulting from overfertilization or persticide / herbicide application will be kept in check with the Integrated Pest Management component that will promote a more organic input driven agriculture.

Inspection of working sites and local people feedback.

20 1.D Agrochemical pollution, and surface water contamination

Irrigation Water Water Quality level Quality Score Total Salt contents g/l Including toxicg/l% 1 Very good 5 1 0.110 2 Good 6-10 2 0.420 3 Satisfactory 11-15 5 1.835 4 Poor 16-20 8 4.050 5 Unsatisfactory 20 8 4.050

Note: These are the quality standards adopted by the ME and NRM Source

CONSULTATIONS

Consultations were conducted on October 1st in Dushanbe with the various soil institutes, NGOs, Ministry of Agriculture, Academia in Agriculture. The total number of participants was about 50. There was much enthusiasm about the project, and within the context of the environmental plan, IPM was highly welcomed. Several comments were notably made regarding the way in which former IPM capacity has deteriorated.

21 Structure of State Committee for Environmental Protection and Forestry of Tajikistan

CHAIRMAN

First Deputy Chairman Deputy Chairman Deputy Chairman Deputy Chairman

Department of Adviser to Assistant to Administration and Forestry Department Procurement Environmental Department of Nature the the Chairman Monitoring and Chairman (management) Use Department Standards Department of Scientific and Research Forestry Inspectorate State Ecological International Relations Institute of Nature Use Department of Forestry Production Expertise and Forestry Units Hydrometeorology Department of Human and Anti-hail Service Department of Specially Resources and special Protected Areas Special Inspectorate of works Dushanbe Committee State Control of Use Agency of and Protection of Air Legal Department Hydrometeorology Tajikistan National Park Department of Analytical Control Ecological Propaganda Central Accounting Service and Education Office Militarized Anti-hail Service National Environmental Environmental Economic Department Special Inspectorate of Newspaper Information Centre State Control of Use and Protection Land Special Inspectorate of and Waste Treatment State Control of Use Special Inspectorate of Saidu- Sayokhat and Protection of State Control of Use State Enterprise Animals and Plants Gorno-Badakhshan and Protection of Autonomous Oblast Water Committee for EPF Khatlon Oblast Sughd Oblast Committee for EPF Committee for EPF Raion Committees for EPF under Republican Subordination

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