44214-024: Building Climate Resilience of Watersheds In

Building Climate Resilience of Watersheds in Mountain Eco-Regions (RRP NEP 44214) Environmental Assessment and Review Framework ADB TA 7883-NEP July 2013 Nepal: Building Climate Resilience of Watersheds in Mountain Eco-Regions Prepared by Department of Soil Conservation and Watershed Management for the Asian Development Bank CURRENCY EQUIVALENTS (as of 1 December 2012) Currency unit – Nepalese Rupee (NR) NR1.00 = $0.0115 $1.00 = NR 86.9 ABBREVIATIONS ADB – Asian Development Bank CDG – Community Development Group CFUG – Community Forest User Group CPC – Consultation, Participation and Communications (Plan) DAGs – disadvantaged groups DDR – Due Diligence Reports DFO – District Forestry Office DSCO – District Soil Conservation Office DSCWM – Department of Soil Conservation and Watershed Management DSO – DSCO Safeguard Officer DSS – District Safeguard Specialist EARF – Environmental Assessment and Review Framework EIA – Environmental Impact Assessment GESI – Gender Empowerment and Social Inclusion (Plan) GON – Government of Nepal GPP – Grievance Point Person IEE – Initial Environmental Examination MoFSC – Ministry of Forests and Soil Conservation NAPA – National Adaptation Program of Action NES – National Environmental Specialist PIC – Project Implementation Consultant PMU – Project Management Unit REA – Rapid Environmental Assessment R/LAP – Resettlement and Land Acquisition Plan SPCR – Strategic Program for Climate Resilience SEU – Social and Environmental Unit SWMC – Sub-watershed Management Committee VDC – Village Development Committee VDT – Village Development Team WEIGHTS AND MEASURES cm – centimeter cu m – cubic meters Ha hectare km – kilometer L – liter m – meter masl – meters above sea level sq m square meter NOTE (i) In this report, "$" refers to US dollars. This environmental assessment and review framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. A. INTRODUCTION 1. The Project Building Climate Resilience of Watersheds in Mountain Eco-regions (BCRWME, the Project) aims at reducing the risks from climate change for mountain communities in Nepal. The means for doing so involves a program of integrated watershed management with interventions in upland areas to increase surface water storage, reduce erosion, enhance soil moisture and groundwater recharge, and stabilize slopes and gullies. The expected benefits are improved water availability in dry periods for communities, for domestic and irrigation use. 2. The Project is founded in the Nepal Strategic Program for Climate Resilience of 2011 as well as the Government of Nepal’s (GON) National Adaptation Program of Action (NAPA) of 2010. The NAPA contains a number of adaptation options, several of which call for interventions in watershed management, soil and water conservation, scaling up multiple-use water systems, enhanced water storage, and ecosystem management. 3. The project preparatory technical assistance (PPTA) carried out feasibility studies of sample subprojects representative of the proposed interventions. Environmental assessments of the sample subprojects were also completed following the requirements of the ADB's Safeguard Policy Statement (2009); and the GON Environmental Protection Act 1997(EPA) and Environmental Protection Rules 1997 with amendment 2007 (EPA). The remaining subprojects will be identified and developed during project implementation. This Environmental Assessment and Review Framework (EARF) has been prepared to guide the environmental due diligence on subprojects prepared during the project implementation. 4. A Project Management Unit (PMU) will be established in Dadeldhura district. The PMU will guide work undertaken by three district soil conservation offices (DSCOs) – Dadeldhura, Doti, and Baitadi. The three DSCOs manage subprojects in the Lower West Seti and Budhi Ganga watersheds that are within six districts: Achham, Baitadi, Bajhang, Bajura, Dadeldhura, and Doti. The PMU and DSCOs are responsible for overseeing the planning of subprojects (feasibility and detailed design), approving designs, and supervising construction and implementation. Private contractors will be procured through national competitive bidding for construction of ponds and tanks and any skilled labor needed for catchment protection works. Field Technical Teams comprised of DSCO staff and consultants engaged by the PMU will be responsible for preparing subproject preparation reports (SPPRs) under the supervision of senior PMU consultants. The SPPRs will document environmental due diligence and assessment required under this EARF. 5. This EARF will apply to all subprojects under the project to ensure that environmental issues are appropriately addressed and mitigated to acceptable levels. They are intended to provide effective integration of environmental assessment and management planning into the subproject preparation process, in accordance with the laws of Nepal, and in conformance with the requirements of ADB. B. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY 6. Government of Nepal Environmental Assessment requirements: Rule 3 of the Government of Nepal’s (GON) Environmental Protection (EP) Rules (1997) stipulates that proposals of the types listed under Schedule 1 require Initial Environmental Examination (IEE), and types listed under Schedule 2 require Environmental Impact Assessment (EIA). These schedules are appended to the EPR. None of the types of subproject interventions proposed 2 under the Project are listed in either of these two schedules, and hence the GON rules do not require that an EIA or an IEE be conducted for any of the types of proposed subprojects. The English translation of Schedule 1 of the EP Rules includes in its list “watershed management plans”; this is in reference to the Watershed Protection Act (1996) that confers protection on watersheds used for water supply and generation of hydropower, and requires IEEs for project activities within those watersheds that might degrade use. Watershed management conservation plans of the type developed under the Project do not require preparation of an IEE. The original Nepali version of the EP Rules is clear in regard to this requirement. 7. ADB's Environmental Safeguard Requirements: ADB has classified projects under four categories depending on the category of its most environmentally sensitive component, including direct, indirect, cumulative and induced impacts in the project's area of influence. The categories are (i) Category A – where projects are likely to have significant adverse environmental impacts that are irreversible, diverse or unprecedented. The impacts may affect an area larger than the sites or facilities subject to physical works. Such projects require an Environmental Impact Assessment (EIA); (ii) Category B – where potential adverse impacts are less than those of Category A. Impacts are generally site specific, few if any are irreversible, and in most cases mitigation measures can be designed more readily than for Category A projects. Such projects require an IEE; (iii) Category C, which incurs minimal or no adverse environmental impact and thus does not require environmental assessment, although environmental implications need to be reviewed. Environmental Due Diligence will be adequate for such projects; and (iv) Category FI refers to projects that involve investment of ADB funds through a financial intermediary, and is not applicable to the present Project. The project will exclude the financing of any subproject which is classified as category A. 8. The two key parties involved in the environmental assessment of the subprojects under the project are the DSCOs of the selected Project districts (the Proponents) and the DSCWM’s PMU. DSCWM is the Executing Agency (EA) for the project. Responsibilities for preparation of IEEs / Due Diligence Reports (DDRs) and obtaining approvals rests with the project proponent (the PMU and DSCOs), and review of the report and giving approval for IEE report rests with DSCWM and ADB. 9. DSCOs and the DSCWM generally lack capacity in conducting environmental assessment, and implementing, monitoring and reporting of the environmental management plans (EMP). The PMU will include a Senior Environment Specialist who will guide and monitor the DSCOs in environmental assessment and monitoring tasks. The environment specialist will be primarily responsible to prepare the IEEs. The project will include training of DSCWM and DCSO staff to conduct environmental assessment including preparation of the IEEs and DDRs for the subprojects. At least one DSCO staff member will be assigned to a Field Technical Team (FTT) that will be primarily responsible for preparation of environmental assessments/DDRs, and for monitoring EMPs. One of the DSCO FTT members will be designated an Environment Officer and will be responsible for completing the environmental checklists and preparing the DDRs. S/he will also be responsible in coordinating safeguard compliance matters with the technical team, monitoring EMP compliance during implementation, undertaking corrective measures, preparing compliance report, and maintaining linkage

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