Environmental Assessment and Review Framework IND

Infrastructure Development Investment Program for Tourism (RRP IND 40648)

Environmental Assessment and Review Framework

Document Stage: Draft for Consultation Project Number: P40648 July 2010

IND: Infrastructure Development Investment Program for Tourism

The 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.

I. Introduction

A. Project Background

1. The India Infrastructure Development Investment Program for Tourism (IDIPT) envisages an environmentally and culturally sustainable and socially inclusive tourism development, in the project states of Himachal Pradesh, Punjab, Tamil Nadu and Uttarakhand. The project uses a sector loan approach through a multitranche financing facility modality likely in five tranches planned from 2011-2020. The expected impact of the Project in the four states is sustainable and inclusive tourism development in priority State tourism sub circuits divided into marketable cluster destinations that exhibit enhanced protection and management of key natural and cultural heritage tourism sites, improved market connectivity, enhanced destination and site environment and tourist support infrastructure, and enhanced capacities for sustainable destination and site development with extensive participation by the private sector and local communities. The investment program outputs will be (i) improved basic urban infrastructure (such as water supply, sanitation, road and public transport, solid waste management, and environmental improvement) and incidental services (such as public toilets, street signage and lighting) at existing and emerging tourist destinations and gateways; (ii) improved connectivity to tourist attractions focusing on the improvement of last-mile connectivity; (iii) enhanced quality of natural and cultural tourist attractions to ensure convenience and safety for visitors; (iv) greater participation by local communities in tourism-related economic and livelihood activities; and (v) strengthened capacity of concerned sector agencies and local communities for planning, development, management, and marketing of tourist destinations and attractions, and promoting private sector participation and small businesses.

2. Supporting programs will be established for developing the capacities to promote private sector participation and small businesses to increase the benefits they gain from tourism, and stimulating more active tourism-related economic and livelihood activities. Consultancy will support project implementation and programs for developing the capacities of sector agencies for sustainable management of tourism and related infrastructure and services. Two batches of subprojects are anticipated from each participating state, which the government will then consolidate, if applicable, and forward to ADB in the form of periodic financing requests (PFRs). The first PFR covering the first batch of two participating states with advanced project readiness (i.e., Himachal Pradesh and Punjab) will be processed together with the MFF. Five PFRs (including the first one) are anticipated under the investment program.

3. The investment program uses a sector approach which requires preparation of an Environmental Assessment Review Framework (EARF) that sets out specific procedures to be followed for subprojects, and for implementation of the project as a whole. The EARF is in accordance with Government of India (the Government) rules and Asian Development Bank (ADB) safeguard policies. The EARF reviews the types of subprojects anticipated under the project and summarizes potential environmental impacts. The EARF provides an overview of the regulations of the Government, as well as the states and ADB (as per its Safeguards Policy Statement, 2009 [SPS 2009]) related to environmental assessment, specifically concerning project environmental classification, review and clearance requirements. Organization for environmental management and responsibilities for project tasks are enumerated within the project team and the respective state Tourism Departments, along with guidance on capacity building needs. The subprojects proposed are expected to better the environmental conditions, in terms of improved access to infrastructure and basic services for the communities and the tourists. Any adverse impacts on natural and cultural heritage tourist destinations can be

2 addressed through proven mitigation measures including adoption of careful site selection and good engineering practices during construction.

4. Initial Environmental Examinations (IEEs) for the sample cluster destination subprojects, in the states of Punjab and Himachal Pradesh have been prepared. For each of the IEEs, an Environmental Management Plan (EMP) outlining the specific environmental measures to be adhered to during implementation of the subproject have been prepared. These IEEs shall form the basis for development of IEEs for other clusters to be taken up subsequently in the project. To enable effective integration of the environmental management provisions in the EMP into the bid/contract documents, during the preparation of the detailed designs, the EMPs for the cluster shall be broken down into EMPs for individual contract packages, which will be verified by the implementing agencies.

5. To ensure that impacts during construction stage on the subproject sites are minimized, environmental clauses, defining the good engineering practices and construction methods, are provided in the IEE. These clauses shall form part of the construction contracts. The operational impacts of these facilities are expected to be minimal. Exceptions being subprojects within protected areas,1 where the impacts due to enhanced tourist movement within protected areas, leading to habitat impairment during operation phase, if due care is not taken, including the efficient planning and management of tourism activities within the protected areas. Similarly, in case of cultural heritage sites and other tourist destinations, impacts induced due to the increase in visitor volumes in terms of pressures on existing infrastructure systems at these sites need to be mitigated through planning and management of waste management provisions in these locations. These issues are addressed through the IEEs and subproject selection criteria.

6. The mandatory requirements of the Government and State environmental legislations may also necessitate the proposed components to go through the environmental assessment process at an appropriate level. Hence, considering these issues and particularly to facilitate the State-level executing agencies with definite environmental criteria to be met for implementation of subprojects and subcomponents, this environmental framework has been prepared.

7. Above all, this exercise ensures that the Project, in its cycle, will not deteriorate or interfere with the environmental sensitivity of a project area but rather improve environmental quality. Moreover, any component included in the Project shall comply with the environmental requirements of the Government, the respective State Governments, and ADB's Safeguard Policy Statement (SPS, 2009).2 Details of components and sample subprojects under the project are given below.

B. Overview of the Subproject Components

8. The proposed project is being formulated as a sector loan to be implemented from 2011 to 2020 in the various cluster destinations in the identified tourism circuits in the four project states. The typical activities proposed for the cluster destinations are outlined in Table 1. Each of the clusters is likely to have some or all of the components presented.

1 In accordance with government frameworks, the protected areas include wildlife sanctuaries, national parks, conservation areas and community reserves. 2 The ADB Safeguard Policy Statement (2009) is available at: http://www.adb.org/Documents/Policies/Safeguards/Safeguard-Policy-Statement-June2009.pdf 3

Table 1: Overview of the Subproject components S. No. Component Illustrative activities 1 Municipal Services Water supply, sanitation, solid waste management, drainage and flood control, and use of renewable energy applications. 2 Tourist Support Visitor information and interpretation facilities; public toilets; signage, Infrastructure and Services lighting and landscaping; community markets; and CBT facilities and services at tourist attractions, destinations and gateway centres 3 Tourist Destination Eligible infrastructure and services include heliports, last-mile Connectivity Infrastructure connectivity improvements, wayside facilities, and traffic management infrastructure (circulation and parking). 4 Heritage Restoration and Conservation of historic and cultural heritage buildings and structures; Conservation Protection and improvement of habitat quality in the protected areas, including forests, wildlife sanctuaries, conservation reserves, community reserves and wetlands; and Facilitating conversion of cultural buildings for sustainable adaptive reuse.

9. Cluster destinations and sample subprojects in the two states of Himachal Pradesh and Punjab have been identified for inclusion in the first Periodic Financing Request (PFR) of the Project. The sites for these sample subprojects have been identified and impacts verified on ground with meaningful consultations with key stakeholders. The sample subprojects have been appraised in detail and used to classify the proposed project under ADB’s SPS 2009. The nature and type of activities proposed in the various cluster destinations are presented in the following sections. Annex 1 provides the list of subprojects identified for inclusion, including those to be taken up under the subsequent tranches of the project. The type of environmental infrastructure and services eligible at tourist attractions, destinations, gateway centres and CBT village sites, and on main access roads between these (where wayside facilities are proposed) include: water supply, sanitation, solid waste management, drainage and flood control, and use of renewable energy applications. Description of each type of infrastructure and services, and the guidelines that must be followed in selecting, undertaking and operating these subprojects are set out below.

1. Municipal Services

10. The type of environmental infrastructure and services eligible at tourist attractions, destinations, gateway centres and CBT village sites, and on main access roads between these (where wayside facilities are proposed) include: water supply, sanitation, solid waste management, drainage and flood control, and use of renewable energy applications. Description of each type of infrastructure and services, and the guidelines that must be followed in selecting, undertaking and operating these subprojects are set out below.

11. Water Supply. Works will generally involve provision, upgrade, rehabilitation and expansion of existing water sources, storage facilities, pumping facilities, reticulation pipes and metering, or the provision of new water supply systems. The proposed works must not result in excessive abstraction of ground water impairing ground water quality.

12. Sanitation. Facilities and works comprise provision, upgrade and expansion of public toilets, septic tanks, septage desludging and disposal facilities, wastewater disposal and treatment systems or package sewage treatment plants (in the case of large tourist attractions or destinations). The proposed works must not result in pollution of surface and ground water or cause overflows to and flooding of surroundings, especially the tourist attraction.

13. Waste Management. Includes waste collection, sorting and treatment, recycling and sanitary disposal as well as awareness programs and initiatives designed to reduce waste at source and engage local communities in livelihood based on waste recycling. The proposed works must not result in nuisance due to noise, odor, and influx of insects, rodents, etc., degradation of aesthetics in the vicinity of the tourist attraction or impair downstream water quality from release of leachate.

14. Drainage and flood protection. Works and improvements will include upgrading and maintenance of existing drainage, provision and maintenance of solid waste traps, and primary treatment of grey water where required, prior to release into streams and rivers. The proposed works must cater to a watershed or drainage zones and not individual drains, ensure effective drainage of the tourist attraction and avoid any impacts associated with flooding in downstream areas, or areas not covered.

2. Tourist Support Infrastructure and Services

15. Tourist support infrastructure and services are a key element in ensuring that tourists are able to fully appreciate and enjoy tourist destinations and attractions in a safe, convenient and healthy manner, thus helping to increase the attractiveness of the tourist destinations, and thus length of stay and expenditure by the tourists. Such infrastructure and services include: visitor information and interpretation facilities; public toilets; signage, lighting and landscaping; community markets; and CBT facilities and services at tourist attractions, destinations and gateway centres. Description of each type of infrastructure and services, and the guidelines that must be followed in selecting, undertaking and operating these subprojects are set out below.

16. Visitor Information and Interpretation Facilities can range from kiosks and booths located in public transportation facilities such as airports or railway stations, to information bays along roads connecting tourist attractions, tourist information rooms in mixed-use buildings and full-fledged stand-alone information and interpretation centres located in gateway centres and at tourist attractions. Larger centres must be close to a public transportation facility, such as airport, railway station and bus terminal linking multiple modes of transportation, with adequate parking facility.

17. Public Toilets may range from simple pit latrines situated in remote trekking areas to large stand-alone toilet blocks designed to service the needs of a large number of tourists in gateway centres, at wayside facilities, and at tourist attractions, and shall be located in areas where most tourists pass. Public toilet must not be located near water intakes or other water usage points, or areas prone to flooding or water logging. Public toilets must be provided along with appropriate human waste treatment arrangements, including connection to septic tanks or sewage treatment systems as appropriate, to avoid release of untreated sewage to the surroundings, especially the tourist attraction, and pollution of ground water.

18. Street Signage, Lighting and Landscaping are a key element in ensuring that the environments of tourist attractions, destinations and gateway centres are attractive, easy to navigate, safe and secure. Their locations must be based upon a tourism circulation development and management plan.

19. Community Markets is a key element in improving the linkage between local communities and tourism, especially where communities are unable to undertake CBT activities due to lack of tourist attractions. Community markets are created in tourist destinations and gateway centres so that locally-produced handicraft and food can be sold there. The locations of 5 these markets must be adjacent to and/or within walking distance from tourist information and interpretation centre in tourist attraction, destination or gateway centre.

20. Community Based Tourism Facilities and Services provide key opportunities to promote CBT activities at the selected CBT sites in tourist destinations and may include parking at trail heads, trails for trekking, campsites and rest houses, as well as equipment for adventure activities such as boating, rafting, trekking, fishing and other adventure sports. The types of CBT facilities and services to be provided must have a strong market support and shall be based upon a CBT tourism development and management plan prepared in close consultation with the local community. Engagement of private sector partners who can provide technical operational support and marketing inputs is encouraged.

3. Tourist Destination Connectivity Infrastructure

21. Connectivity is a key element in effectively linking tourist attraction site(s) within a tourist destination and linking tourist destinations and gateway centre(s) along a tourism circuit/sub- circuit. Eligible infrastructure and services include heliports, last-mile connectivity improvements, wayside facilities, and traffic management infrastructure (circulation and parking). Description of each type of infrastructure and services, and the guidelines that must be followed in selecting, undertaking and operating these subprojects are set out below.

22. Heliports provide the opportunity to bring tourists to more remote locations as well as provide emergency medical evacuation services to enhance tourists’ safety and security. Land required for heliport development, and passenger and freight services should be made available by the state. Willingness to operate regular services between the site and main gateway centre(s) must be confirmed and guaranteed with one or more private helicopter service operators.

23. Last-Mile Connectivity Improvements include improvements to last-mile road access to tourist attraction sites and provision of road signage. Road upgrading must follow existing alignments as far as practicable and must not lead to alteration of surface water hydrology of streams/waterways.

24. Wayside Facilities are essential where travel distance between tourist gateway centre and destination, or between two tourist destinations, is significant. Wayside facilities include off and on-highway ramps, parking for cars and buses, public toilets and restrooms, refreshment centre offering food and beverage, information, fuel and vehicle maintenance. The location of wayside facilities must be determined by the length of vehicle travel times between tourist gateway centre and destination, or between two tourist destinations, (typically one for a vehicle travel interval of between 45 minutes and 1.5 hours) as well as by “through traffic” requirements, if any, based on traffic flow studies. Land required for the wayside facilities should be made available by the state. In principle, wayside facilities should be operated on a PPP basis by the private sector.

25. Traffic Management Infrastructure, especially circulation and parking, is essential for ensuring attractive environment and quality experience for visiting tourists. A comprehensive mobility plan must be prepared for tourist attractions, destinations and gateway centres to provide a framework for investments in traffic management infrastructure. Traffic management infrastructure such as multi-storey parking, which is well suited for PPP or private sector investment, shall be ineligible for funding under the Investment Program.

4. Heritage Restoration and Conservation

26. The guidelines that must be followed in undertaking heritage restoration and conservation subprojects are set out below:

(i) Observe the principle of not altering the historic condition and involve in treatment of damage caused by natural processes and human actions to prevent further deterioration, using both technical and management measures; (ii) Promote in-situ conservation in principle and only in the face of uncontrollable natural threats where relocation is the sole means of saving elements of an asset, move them from their historic locations; (iii) Ensure that intervention is minimal. The conservation measures and treatment shall include the following four categories3: regular maintenance; physical protection and strengthening; minor restoration; and major restoration. Every intervention must have clear objectives and use tried and proven methods and materials; (iv) Ensure that physical remains are conserved in their historic conditions without loss of evidence. Respect for the significance of the physical remains must guide any restoration. Technical interventions must not compromise subsequent treatment of the original fabric. The results of intervention must be unobtrusive when compared to the original fabric or to previous treatments, but still must be distinguishable; (v) Ensure preservation of traditional technology and craftsmanship. New materials and techniques may be used only after they have been tried and proven, and must in no way cause damage to the site; (vi) Ensure that the setting of a heritage site is conserved. Natural and cultural landscapes that form part of a site’s setting contribute to its significance and must be integrated with its conservation; (vii) Ensure that during archaeological excavation, care is taken to conserve the physical remains. A practical plan for the conservation of a site – both during and after excavation – must be submitted for all sites programmed for excavation; and (viii) Ensure that treatment of the cultural heritage site and its environs is a comprehensive measure to prevent damage from natural processes and human actions to reveal the historic condition of a site, and to allow its rational use. Treatment shall be taken that involves the provision of facilities to service the

3 (i) Regular maintenance is a preventive measure to reduce damage from the cumulative effects of natural processes and human actions; it is applicable to all sites. An appropriate maintenance program, which includes continuous monitoring of potential problems and archiving of records, must be established and carried out in accordance with the relevant standards. (ii) Physical protection and strengthening measures are intended to prevent or reduce damage to a site or building. These measures themselves must not damage the original fabric and must as far as possible retain the original character of the setting. New protective structures should be simple, practical, and as unobtrusive as possible. (iii) Minor restoration comprises a general set of intervention measures which may be undertaken provided the original structure is not disturbed, new components are not added, and the existing condition is basically unaltered. This type of intervention most frequently involves rectifying components that are deformed, displaced, or collapsed; repairing a small number of damaged elements; and removing later additions that are without significance. (iv) Major restoration is an intervention involving the most impact to the original fabric. It includes returning a structure to a stable condition through the use of essential reinforcing elements and repair or replacement of damaged or missing components. The decision to restore through complete disassembly of the structure should be taken with caution. All problems revealed in the course of disassembly should be rectified so that the structure should need no further treatment for a considerable time. Restoration should, as far as possible, preserve the vestiges and traces of periods judged to have significance. Both the design and materials for replacement elements should be consistent with the evidence provided by existing fabric. 7

public and to ensure site and visitor safety. Service buildings must be as far as possible from the principal area of the site. Exhibition and visitor facilities must be integrated in design and located in the same vicinity. Landscaping must aim to restore the site to its historic state and must not adversely affect the site. Contemporary gardening and landscape concepts and designs must not be introduced.

C. Sample Subprojects

27. Cluster destinations and sample subprojects in the four states have been identified for inclusion in the first PFR of the Project. (Table 2). The sites for these sample subprojects have been identified and impacts verified on ground. The sample subprojects have been appraised in detail and used to classify the proposed project under ADB’s SPS 2009.

Table 2: Sample Subprojects in the Two States – First PFR Subprojects S. State Cluster Subproject components No. destination 1 Himachal Himalayan Pong Reservoir: Development of interpretation centre and tourism Pradesh Waters infrastructure at the Pong dam site, infrastructure improvements, Sanctuary development of jetties, improvements to forest houses; development of Destination trails, landscaping, etc., in Ranser and Karu islands; development of camping sites at Dhameta and Nagrota Suriyan; and capacity building of communities in villages around Pong on ecotourism and tourism value chains-based development, each consistent with the management plan. Naina devi: Development of a circular road of 1.2 km; improvement of pilgrim facilities including construction of a car park, with toilet and water facilities; funding for preparation of master plan for the Naina Devi destination, with focus on pilgrim management during festive seasons; and waste management in the destination. Chintpurni destination improvements: Construction of an Integrated parking, interpretation centre and tourism infrastructure complex apart from development of tourist rest sheds, toilet facilities and view points along pilgrim movement path from tourist centre to Temple. Masroor Rock: Conservation and restoration of Masroor rock temples and development of parking and tourism infrastructure. Integrated master planning of 5 major cultural destinations, Naina devi, Chintpurni, Kangra, Jwalamuki and Chamunda devi. Shimla: Mall Road restoration project, including paving of the mall road with corbel stones, provision of retaining structures at locations vulnerable to slope failures, landscaping, provision of street furniture along the mall, master planning for restoration of heritage buildings along the mall road. 2 Punjab Punjab Sikh Gobindgarh Fort Heritage Conservation and Adaptive Reuse proposal, heritage Route Amritsar City Gateway: Access and connectivity and destination destination infrastructure improvements, including provision of multi-dispersed car parking areas around walled city circular road and tourist destinations, development of heritage trails around Amritsar walled city. Amritsar Heritage Conservation and Adaptive reuse proposal, including restoration and revitalization of Amritsar Town hall building and reuse of Rambagh Palace as a museum. Access and connectivity and destination infrastructure improvements to memorial at Chota Ghalughara in Gurdaspur District. Enhanced tourist access and connectivity in Sultanpur Lodhi in Kapurthala District, including improvements of pilgrim routes and provision of basic infrastructure. Keshopur Wetland: Development of site interpretation facilities and

S. State Cluster Subproject components No. destination tourist infrastructure, including measures for habitat quality protection at the Wetland.; and capacity building and skill development of village communities in the wetland area on community based Ecotourism development, each consistent with the management plan.

II. Assessment of legal framework and institutional capacity

A. Legal Framework

28. The implementation of subprojects proposed under IDIPT will be governed by the Environmental Acts, Rules, Policies, and Regulations of the Government and the respective state governments. These regulations impose restrictions on the activities to minimize/mitigate likely impacts on the environment.

1. Government of India

29. The following are the environmental regulations applicable to IDIPT (see Annex 2 for more information, particularly state programs):

(i) The Wildlife (Protection) Amendment Act, 2002 and 2006 http://www.envfor.nic.in/legis/wildlife/wild_act_02.htm; (ii) The Indian Wildlife (Protection) Act, 1972, amended 1993; (iii) The Wildlife (Protection) Rules, 1995;4 (iv) The Indian Forest Act, 1927 http://www.envfor.nic.in/legis/forest/forest4.html; (v) Forest (Conservation) Act, 1980, amended 1988 http://www.envfor.nic.in/legis/forest/forest2.html; (vi) Forest (Conservation) Rules, 1981 amended 1992 and 2003 http://www.envfor.nic.in/legis/forest/gsr23(e).htm; (vii) Guidelines for Diversion of Forest Lands for Non-Forest Purpose under the Forest (Conservation) Act, 1980; (viii) The Water (Prevention and Control of Pollution) Act, 1974, amended 1988; (ix) The Water (Prevention and Control of Pollution) Rules, 1975; (x) The Air (Prevention and Control of Pollution) Act 1981, amended 1987; (xi) The Air (Prevention and Control of Pollution) Rules, 1982; (xii) The Environment (Protection) Act, 1986, amended 1991 and including the following Rules/Notification issued under this Act; (xiii) The Environment (Protection) Rules, 1986, including amendments; (xiv) The Municipal Solid Wastes (Management and Handling) Rules, 2000; (xv) Noise Pollution (Regulation and Control) Rules, 2000; (xvi) Wildlife (Protection) Amendment Act, 2002; (xvii) Environmental Impact Assessment Notification, 2006 http://envfor.nic.in/legis/eia/so1533.pdf; and, (xviii) Environmental Standards of Central Pollution Control Board (CPCB).5 (xix) Coastal Regulation Zone, 1991 (amended 2001)

4 See also Wildlife Action Plan 2002-2016 http://projecttiger.nic.in/actionplan.asp and Wildlife Conservation Strategy http://moef.nic.in/downloads/about-the-ministry/introduction-csps.pdf 5 http://www.cpcb.nic.in/index.php# http://www.cpcb.nic.in/National_Ambient_Air_Quality_Standards.php http://www.cpcb.nic.in/Water_Quality_Criteria.php http://www.cpcb.nic.in/Noise_Standards.php 9

30. Any component included in IDIPT shall comply with the above Government of India and any State government environmental laws, standards, rules and requirements. Key standards include those related to drinking water quality, air quality, effluent discharge, leachate quality, protected areas, etc. Compliance is required in all stages of the project including design, construction, and operation and maintenance.

2. State Legislations

31. The key legislations relevant to the project components in the project states include:6

a) Himachal Pradesh

(i) Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005; (ii) Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Rules, 2006; (iii) The Himachal Pradesh Ancient and Historical Monuments and Archaeologicla Sites and Remains Act, 1976; (iv) Himachal Pradesh Policy on Ecotourism; (v) Himachal Pradesh Participatory Forest Management Regulations, 2001; (vi) The Himachal Pradesh non-biodegradable garbage (control) Act, 1995; (vii) The Himachal Pradesh Town and Country Planning Act, 1977; (viii) The Shimla Road users and Pedestrians (Public Safety and Convenience) act, 2007; and (ix) Himachal Pradesh Forest (Timber Distribution to the Right Holders) Rules, 2009.

b) Punjab

(i) Punjab Tourism Policy, 2003; (ii) Punjab Ecotourism Policy, 2009; (iii) State water policy, 2008, (Department of Irrigation), Government of Punjab; (iv) The Punjab land improvement scheme Act, 1963; (v) The Punjab Plastic Carry bags (manufacture, usage and disposal)control act, 2005; (vi) The Punjab Public Premises and Land (Eviction and Rent Recovery) Rules, 1974.

c) Tamil Nadu

(i) Tamil Nadu Ground Water (Development and Management) Act, 2003; (ii) Tamil Nadu Panchayats (Third Amendment) Act. 75-76. No.24 of 2007;

6 Applicable environmental acts/policies/regulations of the Government http://www.envfor.nic.in/legis/legis.html#c and the states: (i) Himachal Pradesh - http://himachal.nic.in/environment/notifications.htm and http://www.hpforest.gov.in/Forest_Acts.htm (ii) Punjab - http://www.ppcb.gov.in/environmental_acts_rules.php and http://www.ppcb.gov.in/consent_under_water_airact.php (iii) Tamil Nadu - http://www.tnpcb.gov.in/GO.html and http://www.forests.tn.nic.in/Legislations/rules.html; and (iv) Uttarakhand - http://ueppcb.uk.gov.in/environment_notifications.htm

(iii) CRZ notification, Tamil Nadu; (iv) Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act 1966; (v) The Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955; (vi) Tamil Nadu Forest Act, 1882; and (vii) Tamil Nadu Preservation of Private Forest Act, 1949.

3. Ecotourism-related Policies of the States

a) Himachal Pradesh

32. The Himachal Pradesh Ecotourism Policy, 2005 proposes the following vision: The vision is to preserve and protect the natural heritage, both flora and fauna, of Himachal Pradesh and attract discerning tourists and visitors to the State; and in the bargain provide opportunities to enhance livelihood of the local people and alongside generate revenue for the sustainable development of its resources through the creation of a special purpose vehicle (SPV). The Eco- Tourism Policy would encourage a partnership between the SPV on the one hand and the civil society (local communities, NGOs, academic institutions and private enterprises/businesses) and the State (Forest, Tourism and Fisheries Department) on the other.

33. To achieve the above mission, the Policy seeks to pursue the following objectives:

(i) Create appreciation, education and awareness of natural heritage of Himachal Pradesh. The State will emerge as a resource center and a leading destination with reference to eco-tourism for the entire country and the Greater Himalayan Region. (ii) Enunciate mechanisms for partnerships in eco-tourism both with the local communities as well as private enterprise committed to the goals of ecotourism. (iii) Identify and promote activities in tandem with the principles of community-based eco-tourism with the benefits accruing to the local community in terms of income as well as employment generation. (iv) Ensure safeguards from environment point of view to effectively regulate the ecotourism activities in forest area. (v) To generate resource through the Special Purpose Vehicle from the assets made available to it by the Forest Department which would be used to create and maintain the assets. (vi) To create a cadre of personnel within and outside the Forest Department who are sensitive to the tenets of eco-tourism and can act as resource persons to further its cause. (vii) To actively coordinate with the Tourism, Fisheries, Handicrafts, Culture, YSS, HMI (Himalayan Mountaineering Institute) and other related Departments to further the cause of ecotourism. (viii) To actively promote the concept of homesteads in rural areas connected with eco-tourism so that the income accrues to the local people. (ix) To implement Community Based Eco-Tourism (CBET) concepts with the involvement of local communities, voluntary organizations, staff of the HPFD and other departments. (x) To undertake sustainable public-private partnerships with regard to Government properties in the field of eco-tourism with the permission of the Govt. of HP and to raise funds there under. 11

(xi) To decongest the over-loaded tourist places so that the benefits of tourism are spread to rural areas. It will work in tandem with the Rural Tourism Scheme of the Department of Tourism.

34. The ecotourism policy provides for integration of safeguard concerns into the site selection, project identification, design and implementation of the ecotourism products in the various destinations proposed for interventions.

b) Punjab

35. The Ecotourism policy of Punjab, approved in 2009, has the following vision for ecotourism development in Punjab: Strive to provide excellent ecotourism services to the visitors after following sound principles of eco-tourism, valuing the living community and recognizing the need to integrate the interests of people and nature.

36. To achieve the above mission, the Policy seeks to pursue the objective that the State shall endeavour to promote regulated and meaningful public access to forests, peripheral areas and other natural landscapes of the State, through:

(i) Identification and promotion of ecotourism potential sites; (ii) Development of permissible and ecologically sound ecotourism infrastructure; (iii) Diversification of the range of tourism activities available at destinations; (iv) Development and enforcement of standards and norms for ecotourism activities; (v) Securing involvement of the local communities living in and dependent on peripheral and other areas for their livelihood; (vi) Awareness building amongst general public; local communities and government staff; (vii) enunciate mechanism for securing partnership of private sector enterprise committed to the goals of ecotourism for development of infrastructure and services; and (viii) Sensitization of community and augmentation of local community livelihood.

37. With the ultimate objectives of:

(i) Conserving the natural resource base of the State; (ii) Promoting the State as a prominent ecotourism hub; and (iii) Securing economic benefits for the local communities without adversely affecting their cultural ethos.

38. Towards ensuring sustainable ecotourism development, the policy provides for the preparation of an ecotourism management plan. Site specific Ecotourism Management Plan will be prepared by the project proponents to bring flexibility in approach for diverse eco-sites and to customized facilities for various target groups while meeting the basic principles of eco-tourism. The Ecotourism Management plan would include following:

(i) plan for development of infrastructure, (ii) activities to be undertaken such as trekking, bird watching, angling, boating to view wildlife, adventure activities, Eco-friendly accommodation/camping overnights at designated sites, etc.; (iii) local participation in eco-tourism facilitation such as catering, local transport, upkeep of camping sites, guide services, sale of local products, etc.;

(iv) Interpretation activities to generate curiosity and provide information on issues related to conservation of environment & forests; (v) Linkages with other tourist destination centres; (vi) Emphasis on regeneration of habitats, maintenance of existing infrastructure, focus on marketing and building of brand value must be laid; (vii) Prescribing mechanism for monitoring parameters like impact of activities on the natural environment e.g. land, water, air; supply of water and waste disposal system for each site; (viii) Implementation of ecotourism management plan; and (ix) The Ecotourism Development Committee (EDC) shall approve the eco-tourism management plans and will prescribe the carrying capacity of various ecotourism sites in accordance with the criteria of Working Plans/ Management Plans for forest owned land and in consultation with Chief Wildlife Warden for wildlife habitats.

39. In addition, the Department of Tourism, Punjab will establish standards for resort development, camp-sites, covering among others - the style and locations of structures, treatment of sewage and control of litter, reservation of open spaces and public use of fragile areas, etc.

(i) It will be ensured, that sewage is not directed to ground water and solid waste is systematically collected and disposed of suitably. Adequate precautionary measures should be taken to avoid noise pollution. (ii) Eco-friendly material to be used for construction activities to minimise any possible adverse impact on local environment. (iii) Facilitate community livelihood and community empowerment (iv) Physical planning and design should integrate community services including availability of potable water and transportation. (v) Only 20% of the land can be constructed upon. (vi) The construction of the structures should not be higher than 30 feet in any case. (vii) Respect and follow the planning restriction, standards and codes provided by the government and local authorities. (viii) Implement sound environment principles through self-regulation (ix) Building should be designed strictly on functional and environmental considerations and avoid over construction. Respect, support historic and religious object sites. (x) Provide information and interpretive services to visitors especially on attraction and facilities, safety and security, local customs, traditions, prohibitions and regulations and self-conduct and behaviour. (xi) Involve the local community to the extent possible in various activities and vocations ensuring, at least 10% employment given to local community.

c) Tamil Nadu

40. Tamil Nadu is in the process of finalization of the state ecotourism policy with an objective of promotion of ecotourism in the state, including enhancing awareness of the communities on ecotourism and sustainable tourism development, apart from promotion of adventure tourism, involvement of tribal communities in tourism activities, etc. Towards institutionalizing the same, an Ecotourism wing has been created within the Tamil Nadu Tourism Development Corporation.

d) Uttarakhand

41. Uttarakhand does not have a separate ecotourism policy and the development of ecotourism has been included in the tourism policy of the state, 2001. Placing Uttarakhand on the tourism map of the world as one of the leading tourist destinations, and to make the name synonymous with tourism. Developing the manifold tourism-related resources of the state in an eco-friendly manner, with the active participation of the private sector and the local host communities. Developing tourism as a major source of employment and income/revenue generation and as a pivot of the economic and social development within the state.

42. The Department of Tourism, Uttarakhand is in the process of formulating a rural tourism policy for the state in order to promote rural tourism. The policy which is in the pipeline will feature infrastructure development, institutions, capacity building through training programme and also marketing channels to promote Rural Tourism in Uttarakhand.

B. Environmental Assessment Requirements

43. The EIA Notification of 2006 of the Government classifies projects/activities that require environmental clearance into ‘A’ and ‘B’ categories depending on the impact potential and/or scale of project. For both category projects, prior environmental clearance is mandatory before any construction work, or preparation of land except for securing the land, is started on such project or activity. Clearance provisions are as follows:

(i) Category ‘A’ projects require prior environmental clearance from the Ministry of Environment and Forests (MOEF), Government of India;7 (ii) Category ‘B’ projects require prior environmental clearance from the State Environment Impact Assessment Authority (SEIAA);8 and (iii) This Notification provides that, any project or activity specified in Category ‘B’ will be treated as Category A, if located in whole or in part within 10 km from the boundary of protected areas, notified areas and inter-state and international boundaries9. Also, in the case where a SEIAA does not exist, Category B project will be reviewed by the MOEF and reclassified as Category A.

Table 3: Projects in IDIPT and Applicability of MOEF Notification 2006 Project or Whether Included in If yes, Category Category Activity IDIPT 7 Physical Infrastructure including Environmental Services 7(a) Air ports No. Helipads are proposed, but does not require any clearances 7(b) All ship breaking yards including ship breaking units No.

7 For Category A projects, based on the preliminary details provided by the project proponent as per Notification, the Expert Appraisal Committee (EAC) of MOEF, determine comprehensive TOR for EIA studies. This TOR will be finalized within 60 days. On the recommendation of the EAC based on EIA studies, MOEF provides the EC. 8 The B category projects will be further divided by State Level EAC into B1 – that require EIA studies and B2 – no EIA studies. The Sate Level EAC will determine TOR for EIA studies for B1 projects with in 60 days. On the recommendation of the State level EAC based on EIA studies, SEIAA provides the EC. 9 (i) Protected Areas notified under the Wildlife (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries.

Project or Whether Included in If yes, Category Category Activity IDIPT 7(c) Industrial estates/ parks/ complexes/ areas, export No. processing Zones (EPZs), Special Economic Zones (SEZs), Biotech Parks, Leather Complexes. 7(d) Common hazardous waste treatment, storage and No. disposal facilities (TSDFs) 7(e) Ports, Harbours No. 7(f) Highways – NH & SH No. Only last mile connectivity is eligible 7(g) Aerial ropeways Yes B1 or B2 7(h) Common Effluent Treatment Plants (CETPs) No. 7(i) Common Municipal Solid Waste Management Yes. B1 or B2 Facility (CMSWMF) 8 Building Construction and Area Development Projects 8 (a) Building/ Construction projects No. Buildings will be constructed but will be less than the threshold limit of 20,000 Sq m. and hence, not applicable 8 (b) Townships and Area Development projects. No.

C. Requirements for Interventions/Projects in Protected Areas

44. Wildlife Conservation Act, 1972 (Amended in 2003 and 2006) enacted by the Government of India, provides for the protection of wild animals, birds and plants and matters connected therewith. National Board for Wildlife setup under the act with Chief Wildlife Warden as the Member-Secretary has the mandate to promote the conservation and development of wildlife and forests. The Board makes recommendations on setting up of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas. All activities to be carried out in these protected areas should be with the approval of the Chief Wildlife Warden. The clearance requirements for undertaking subprojects in various types of protected areas under the Wildlife Conservation Act are as presented below.

1. Clearances/Requirements for Subprojects in Tiger Reserves

45. The Wildlife (Protection) Amendment Act, 2006 (No. 39 of 2006) provides for constituting of the National Tiger Conservation Authority (NTCA)10 responsible for implementation of Project Tiger Plan to protect endangered tigers. The NTCA, inter alia, would lay down normative standards, guidelines for tiger conservation in the Tiger Reserves, apart from National Parks and Sanctuaries. It would provide information on protection measures including future conservation plan, tiger estimation, disease surveillance, mortality survey, patrolling, report on untoward happenings and such other management aspects as it may deem fit, including future plan for conservation. The NTCA would also facilitate and support tiger reserve management in the States through eco-development and people's participation as per approved management

10 The NTCA has been set up under the Chairmanship of the Minister for Environment & Forests. The Authority will have eight experts or professionals having qualifications and experience in wildlife conservation and welfare of people including tribals, apart from three Members of Parliament of whom two will be elected by the House of the People and one by the Council of States. The Inspector General of Forests, in-charge of Project Tiger, will be ex- officio Member Secretary. State level Steering Committees will be set up in the Tiger States under the Chairmanship of respective Chief Ministers. As recommended by the Tiger Task Force constituted by the Prime Minister, this has been done with a view for ensuring coordination, monitoring and protection of tigers in the States. 15 plans, and support similar initiatives in adjoining areas consistent with the Central and state laws.

46. A provision has been made for the State Governments to prepare a Tiger Conservation Plan, which would include staff development, their deployment to ensure protection of tiger reserves and its development, while ensuring compatible forestry operations in adjoining areas. Further, safeguards have been provided for ensuring the agricultural, livelihood, developmental and other interests of the people living inside a forest or in and around a tiger reserve. The core as well as buffer areas have been explicitly explained to avoid ambiguity. Provisions are made for the States to establish a Tiger Conservation Foundation (TCF)11 as per section 38X of the said amendment act.

47. A G.O issued by the Government of Tamil Nadu (G.O. Ms No. 102 dated 18.9.2008) towards establishing the TCF and empowering the same allows the Executive Committee to be empowered with carrying out the activities of the TCF.12 The Executive Committee of TCF shall have the following powers and perform the following functions namely:

(i) The affairs and funds of the Foundation in accordance with the rules and regulations of the Foundation; (ii) Make endeavour to achieve the objectives of the Foundation and discharge all its functions; (iii) Eexercise administrative and financial powers including power to engage any person of one description and make appointment thereon in accordance with the rules and regulations of the Foundations; (iv) Enter into arrangement with other public or private organizations or individuals for furtherance of its objectives and in accordance with the rules and regulations of the Foundation; (v) Endowments, grants-in-aid, donations, or gifts to the Foundations not inconsistent with the rules and regulations of the Foundation and interest of the Government; and (vi) Take over or acquire in the name of the Foundation by purchase, gift or otherwise from Government or other public bodies or private individuals or organizations, any movable and immovable property in the state or elsewhere in conformity with the rules and regulations of the Foundations; and perform such other functions as are assigned to it by the Governing body.

11 The proposed Foundation is a Trust, which would be constituted as per the appropriate statutory provisions in vogue in the State. It will have administrative autonomy as delegated by the State Government for fund generation to foster eco-tourism, eco-development and related activities involving the local people. The Tiger Conservation Foundation shall, inter alia, have the following objectives: (i) to facilitate ecological, economic, social and cultural development in the tiger reserves; (ii) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves; (iii) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives; (iv) to solicit technical, financial, social, legal and other support required for the activities of the foundation for achieving the above said objectives; (v) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism; (vi) to support research, environmental education and training in the above related fields. 12 The Governor’s Order can be viewed at: http://www.tn.gov.in/exwel/gos/go_e_102_07.pdf

48. In addition, the NTCA has issued revised guidelines for ongoing programmes on Project Tiger which has provisions for improvement of infrastructure in Tiger Reserves which include the following:

(i) Civil Works (staff quarters, family hostels, office improvement, patrolling camp, housekeeping buildings, museum, and culverts). (ii) Maintenance / creation / upgradation of road network. (iii) Maintenance / creation of wireless tower. (iv) Maintenance / creation of fire watch tower. (v) Maintenance / creation of bridges, dams, anicuts. (vi) Maintenance / creation of fire lines / firebreaks. (vii) Maintenance / creation of earthen ponds. (viii) Procurement / maintenance of vehicles (Gypsy, Jeep, Truck, Tractor). (ix) Habitat improvement works. (x) Procurement of hardware, software / GIS. (xi) Procurement of compass, range finder, GPS, camera traps. (xii) Procurement of satellite imageries for management planning. (xiii) Map digitization facility for management planning.

49. The guidelines also provide for (i) co-existence agenda in buffer/fringe areas (landscape approach/sectoral integration/ecologically sustainable development programme/livelihood options/eco-tourism) (ii) rehabilitation package for traditional hunting tribes living around tiger reserves, as well as (iii) deciding inviolate spaces for wildlife and relocation of villagers from core or critical tiger habitats in Tiger Reserves within a timeframe and settlement of rights.

50. Tiger Reserves have utmost priority in conservation as well as all round development in terms of habitat protection, inclusive development as well as supporting the concept of ecotourism. Thus it is imperative that the project interventions as part of the IDIPT will not be in conflict with the conservation initiatives of the government but will support the policies of the government as well as impinge thrust towards achieving the objectives of NTCA and TCF. Further, the subprojects of the IDIPT would provide necessary initiative, funding, technical assistance / know how and capacity building for the TCF as well as NTCA. However, subproject initiatives of IDIPT should be in line with the Tiger Conservation Plan if already prepared for the reserves.

2. Clearances/Requirements for Subprojects in Wildlife Sanctuaries and National Parks

51. The Wildlife (Protection) Amendment Act, 2003 have the objective to declare an area as a Sanctuary or a National Park or as a closed area towards protection of the habitat. The Act provides for setting up of National Board for Wildlife (NBWL) with Chief Wildlife Warden as the Member Secretary and State Wildlife Board in the respective states. The Act restricts entry and prohibits all activities except those listed in the act unless authorized by the Chief Wildlife Warden. As per section 28 of the Act the Chief Wildlife Warden may on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:

(i) Investigation or study of wildlife and purposes ancillary or incidental thereto; (ii) Photography; (iii) Scientific research; (iv) Tourism; and (v) Transaction of lawful business with any person residing in the sanctuary. 17

52. A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. Further, as per section 33 of the act, the Chief Wildlife Warden shall have the authority to control, manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary:

(i) May construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary; "Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board”;" (ii) Shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals, therein; (iii) May take such measures, in the interests of wildlife, as he may consider necessary for the improvement of any habitat. (iv) May regulate, control or prohibit, in keeping with the interests of wildlife, the grazing or movement of livestock.

53. With respect to a National Park, no person shall, destroy, exploit, or remove any wildlife from a National Park or destroy or damage the habitat or any wild animal or deprive any wild animal or its habitat within such National Park except under and in accordance with a permit granted by the Chief Wildlife Warden and no such permit shall be granted unless the State Government, being satisfied that such destruction, exploitation, or removal of wildlife from the National Park is necessary for the improvement and better management of wildlife therein, authorises the issue of such permit. It is further provided that the provisions of Section 28 and 33 as discussed above for a sanctuary shall apply for a National Park as per the Section 35, clause 8 of the Act.

54. It is clear from the above discussion that the activities listed in the subprojects of IDIPT though are not prohibited, but will need approval of the Chief Wildlife Warden in a proforma (http://envfor.nic.in/legis/forest/forguide.pdf) and on payment of prescribed fee.

3. Clearances/Requirements for Subprojects in Conservation Reserves

55. As per Section 36A of the Wildlife (Protection) Amendment Act, 2003, The State Government may, after having consultations with the local communities, declare any area owned by the government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a Conservation Reserve for protecting landscapes, seascapes, flora and fauna and their habitat: Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration.

56. The State Government shall constitute a Conservation Reserve Management Committee to advise the Chief Wildlife Warden to conserve, manage and maintain the conservation reserve. The committee shall consist of a representative of the forest or Wildlife Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of nongovernmental organisations working in the field of wildlife conservation and one representative each from the Department of Agriculture and Animal Husbandry. The Chief Wildlife Warden will have control over the Reserve as in a Sanctuary and shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals,

18 therein; may take such measures, in the interests of wildlife, as he may consider necessary for the improvement of any habitat. The Committee shall regulate its own procedure including the quorum.

57. The Chief Wildlife Warden of the respective state government, is the authority to approve/permit the proposed project interventions as part of the IDIPT though the activities are not in contradiction to the conservation objectives of the reserve, and are in line with the provisions of the management plan for the reserve.

4. Clearances/Requirements for Subprojects in Community Reserves

58. As per section 36C of the Wildlife (Protection) Amendment Act, 2003, the State Government may, where the community or an individual has volunteered to conserve wildlife and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.

59. The State Government shall constitute a Community Reserve Management Committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. The Committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wildlife Department under whose jurisdiction the community reserve is located. The committee shall elect a Chairman who shall also be the Honorary Wildlife Warden on the community reserve.

60. After the issue of notification of the designated area as a Community Reserve, no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the Management Committee and approval of the same by the State Government.

61. The Committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wildlife and its habitat in the reserve. Provisions as per item (b) and (c) of Section 33 of the Act as the Chief Wildlife Warden taking steps as below shall apply. The Committee shall regulate its own procedure including the quorum. The Chief Wildlife Warden shall approve/permit the proposed project interventions in line with the conservation objectives of the reserve, as laid down in the management plan for the community reserve.

62. The Executing Agency and Implementing Agencies will be equipped with deputed environmental officers assisted by consultants to ensure compliance with all state and central government and ADB regulations.

D. Clearances/Requirements for Subprojects in Forest Areas

63. Forest (Conservation) Act, 1980 (amended in 1988) enacted by the Government of India, restricts the dereservation of forests for use of non-forest purposes. According to the Act, State Government requires prior approval of the Government for the use of forest land for non- forest purposes (means the breaking up or clearing of any forest land) or for assigning lease to any private person or agency not controlled by government. The Forest (Conservation) Rules, 2003 issued under this Act, provide specific procedures to be followed for conversion of forest land for non-forest purposes. 19

64. Subprojects, notably projects envisaging provision of basic services in natural heritage sites, may require diversion of forest land.13 All such interventions within the forest lands shall be implemented by the respective state forest department. The forest land conversion will follow the “Guidelines for Diversion of Forest Lands for Non-Forest Purpose” under Forest (Conservation) Act, 1980. Compensatory afforestation is one of the most important conditions stipulated for diversion of forest land. The proposals for conversion will be forwarded by the State Government to the MOEF:

(i) Forest land involving up to 5 ha will be cleared by the Regional Office of the MOEF; (ii) Forest land involving more than 5 ha and up to 20 ha sent will be cleared by the Regional Office after referring the case to MOEF; (iii) Conversion of forest land (i) having density above 0.4 irrespective of the area involved, and, (ii) of more than 20 ha in the plains and 10 ha in the hilly region, irrespective of density, will be cleared by MOEF; (iv) Compensatory afforestation is compulsory for conversion; (v) Afforestation will be done over an equivalent area of non-forest land; (vi) As far as possible, the non-forest land for compensatory afforestation should be identified contiguous to or in the proximity of Reserved Forest or Protected Forest. If non-forest lands are not available in the same district other non-forest land may be identified elsewhere in the state; (vii) Where non-forest lands are not available, compensatory afforestation may be carried out over degraded forest twice in extent to the area being diverted.

65. Conversion of forest lands that are part of National Parks/Sanctuaries and Tiger Reserve areas (notified under Indian Wildlife (Protection) Act, 1972) is not permitted. In exceptional cases, the State Government requires consent of the Indian Board of Wildlife for obtaining approval of the State Legislature for denotification of the area as a sanctuary.

66. Cutting of trees in non-forest land, irrespective of land ownership, also requires permission from the State Forest Department. Afforestation to the extent of two trees per each tree felled is mandatory.

E. Clearances/Requirements for Subprojects in and around ASI/State Protected monuments

67. The Ancient Monuments and Archaeological Sites and Remains Act 1958 (No 24 of 1958), was enacted on 28th August 1958. This Act provides for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. Subsequently, The Ancient Monuments and Archaeological Sites and Remains Rules 1959 were framed. The Act along with Rules came into force with effect from 15 October 1959. For all ASI protected monuments, the preservation shall be in line with the management plan for the monument, and in line with the regulations for development

68. Archaeological Survey of India no. S.O. 1447 dated the 15th May 1991, published in the Gazette of India, part II, Section 3, sub-section (ii) dated the 25th May 1991, the Central

13 The term 'Forest land' refers to land owned by the Forest Department; it may or may not include reserved forest, protected forest or any area recorded as forest in the government records.

Government gave one month’s notice of its intention to declare areas up to 100 meters from the protected limits and further beyond it up to 200 meters near or adjoining protected monuments to be prohibited and regulated areas respectively for purposes of both mining operation and construction.

69. Prior to carrying out excavation, construction activities, in the prohibited and regulated areas in and around the ASI monuments, the following permits and clearances (http://asi.nic.in/PDF_data/FormVII.pdf) shall be obtained from the ASI, as per the Rules, (i) for construction mining - form I, (ii) application for excavation in protected area -form II, (iii) application for mining operation/construction within a regulated area - Form VII.

70. Similar to the national legislation, the states of Himachal Pradesh and Punjab have drafted state level legislations for monuments and archaeological sites – Himachal Pradesh Archaeology Monument Sites Act, 1976 and Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964.

F. Other Environmental Regulations

1. Air and Water Acts

71. Under the Water (Prevention and Control of Pollution) Act, 1974 and/or the Air (Prevention and Control of Pollution) Act, 1981, the following subprojects require Consent for Establishment (CFE) and Consent for Operation (CFO) from the respective State Pollution Control Board (SPCB). The CFE/CFO is issued upon project review and site visits. The Board issues the CFE before start of construction and the CFO after completion of construction and satisfying CFE conditions, if any. During the operation period, the effluent and air emissions must conform to the stipulated Central Pollution Control Board (CPCB) Environmental Standards. The CFO is renewed every year based on the operation performance of the facility. The following subprojects require SPCB consent for establishment and operation.

(i) Solid waste composting and landfills (under the Water Act and the Air Act); (ii) Diesel generators (under the Air Act); and (iii) Hot Mix Plants, Wet Mix Plants, Stone Crushers, etc., if installed for construction (under the Air Act).

72. At the state government level, water treatment, sewage, and solid waste subprojects require approval by the State Pollution Control Boards (SPCB). The following approvals from SPCB are required: No Objection Certificates (NOC), Certificates of Establishment (COE) and Certificates for Operation (CFO).

2. Coastal Zone Regulations

73. Subprojects in the Coastal Circuit of Tamil Nadu shall, depending on the location of the subproject, be subject to clearances under the Coastal Regulation Zone (CRZ).

3. Municipal Solid Waste (Management and Handling) Rules, 2000 of GOI

74. These Rules issued under the Environment (Protection) Act, 1986 with the objective of regulating the management and handling of the municipal solid wastes applicable to all MSW subprojects. The important provisions are:

(i) Solid waste generated in a municipal area shall be managed, including segregation, collection, transportation, and disposal in accordance with the Rules; (ii) The State Pollution Control Board will authorize waste processing and landfills; (iii) Solid waste processing and landfills shall meet design and operation specifications/standards specified under the Rules.

G. Summary of Environmental Compliance Requirements

75. A summary of the environmental compliance requirements is presented in below.

Table 4: Environmental Compliance Requirements of IDIPT Subprojects S. Component Applicable Legislation Compliance Action Required No 1 All components that Forest (Conservation) Approval of the Identification of non-forest land require forest land Act, 1980 and Wildlife Ministry of and afforestation program need acquisition. Act, 1972 Environment and to be formulated. Forests (MOEF) 2 Aerial Ropeways MOEF Notification Prior environmental Screening for environmental (dated 18th May, clearance from the impacts carried out and 2006) under sub-rule concerned regulatory submitted to SEIAA along with (3) of Rule 5 of the authority at state the feasibility report. Project Environment level, the State categorized, by the authority as (Protection) Rules, Environment Impact B1 or B2, depending on 1986. Assessment magnitude of impacts. For B1 Authority (SEIAA) projects, an Environmental before any Impact Assessment (EIA) shall construction work be required to be prepared and cleared. 3 All composting and The Municipal Solid Authorization of Based on land use in and landfill facilities. Wastes (Management proposed site by surrounding surface and and Handling) Rules, SPCB. Prior groundwater conditions 2000 MOEF environmental authorization is issued Notification (dated 18th clearance from the May, 2006) under sub- concerned regulatory rule (3) of Rule 5 of the authority at state Environment level, the State (Protection) Rules, Environment Impact 1986 Assessment

4 For all components that Water (prevention and NOC, CFE and CFO Information on mitigation require NOC under the air control of pollution) Act from SPCB measures for addressing water, and water acts from the and Air (prevention air, impacts, etc., provided and SPCB. and control of submitted to the SPCB, by the pollution) Act executing agency.

III. ANTICIPATED ENVIRONMENTAL IMPACTS

76. Table 5 provides an overview of the potential environmental impacts of the proposed interventions along the identified tourist circuits and destinations in the project states. The impacts identified are generic impacts, and shall be specifically addressed for each of the cluster destinations through EIA/IEEs. It is noted that mitigation measures are readily available for impacts identified under the Project.

Table 5: Potential Environmental Impacts

14 Potential Environmental Impacts es i t ni u

mm tes Significance Duration i Integrated Solid waste management facilities Protection and management of s Natural assets Protection and management of Cultural assets Enhanced Participation of local co Last mile connectivity Helipad development Corridor improvement Infrastructure at tourist destinations Infrastructure at natural and cultural Planning, Location and Design Lack of sufficient planning to assure S1 P √ √ √ √ √ √ √ long term sustainability of the improvements and ensure protection of the site Inadequate basic infrastructure to S2 P √ √ √ √ √ √ tourists resulting in poor tourist experience as well as site degradation Siting of new infrastructure in the S1 P √ √ √ √ √ √ immediate vicinity of the tourist site, shall have potential to induce development, if adequate protection measures to address uncontrolled growth, etc., are not considered. Siting of new infrastructure in the S1 P √ √ √ √ vicinity of archaeological monuments and heritage structures shall have potential impacts on archaeological remains, if an archaeological survey of the specific project location is not carried out. Siting of interventions, at S1 P √ √ √ √ inappropriate locations shall impact the habitat quality, visual appeal, etc. Detailed design fails to incorporate S1 P √ √ √ √ √ good practice, causing poor performance and high O&M costs Construction Impairment of habitat quality, in and S1 P √ √ √ √ around the natural heritage sites and protected areas, due to unregulated construction activities within the protected areas Impact on structural stability of the S1 P √ √ √ √ √ √ √ √ monument, due to construction activity, and degradation of the aesthetic appeal due to use of modern construction materials Impact on air quality and noise S1 T √ √ √ √ √ levels; congestion in public space due to construction activity, in the vicinity of the tourism sites.

14 The significant classification assumes the level of impact if not mitigated. Significance is defined at the end of Table 5.

14 Potential Environmental Impacts es i t ni u

mm tes Significance Duration i Integrated Solid waste management facilities Protection and management of s Natural assets Protection and management of Cultural assets Enhanced Participation of local co Last mile connectivity Helipad development Corridor improvement Infrastructure at tourist destinations Infrastructure at natural and cultural Excavation activities around the S2 P √ √ √ √ monument impacting buried structures/antiques Movement of construction S1 P √ √ √ √ √ machinery and trucks in and around the natural and cultural heritage sites resulting in impacts on the structural stability as well as impacts on wildlife and vegetation Lack of planning during S1 P √ √ √ √ √ √ √ construction fails to properly sequence activities and minimize disturbance/cost Construction activities, in and S1 P √ √ √ √ √ √ √ √ around water bodies, construction activities on steep slopes, disposal of cut slopes, etc., shall have significant impacts, if appropriate good engineering practices are not conformed to during construction. Tourism activities to the site may be S2 T √ √ √ √ √ disturbed by noise, dust, vibration and impeded access, in case of interventions in existing tourist locations being proposed for improvement in the project. Impacts from quarters for workers S3 T √ √ √ √ √ √ in the proximity of worksites, and equipment/material yards Potential for benefit from S2 P √ √ √ √ √ employment for local people not realized Trees may be removed along, S2 P √ √ √ √ drains, roadways, creation of parking locations, water bodies and other tourist infrastructure Need for land acquisition for S2 P √ √ components where routing diverges from public R.O.W. Need for temporary relocation of S2 T √ √ √ √ the non-titleholders and vendors within the existing tourism sites, mostly for commercial purposes, during the period of construction. Potential for accident and injury for S2 T √ construction workers and public in zone of construction Operation and Maintenance Water logging within/around the S1 P √ √ √ √ √ subproject locations Induced development around the S1 P √ √ √ √

14 Potential Environmental Impacts es i t ni u

IV. ENVIRONMENTAL ASSESSMENT FOR SUBPROJECTS

77. This section provides the plan for carrying out the environmental assessment and planning for the subprojects under the project in accordance with the Government and ADB’s SPS 2009. This section includes the following (i) specific environmental criteria to be adopted for subproject selection, (ii) the environmental assessment procedures for sub-projects, both in accordance with the ADB’s environmental policy and the Government’s environmental clearance procedures.

1. Environmental Criteria for Subproject Selection

78. The selection criteria indicated in Table 6 should be followed while identifying and finalizing Project components.

Table 6: Environmental Criteria for Subproject Selection Component Criteria Overall  Will be fully consistent with management plans or master plans for the area. selection  Will avoid resettlement/relocation. If unavoidable the extent of resettlement will be criteria minimized.  Will not result in destruction of or encroachment onto protected areas, including National Parks, Sanctuaries, Conservation Reserves and Community Reserves, environmentally sensitive zones and Biosphere reserves.  Will be in line with the Conservation Plan/ management plan for the conservation and management of the Protected areas.  Will promote tourism related activities in protected areas, in the zones earmarked for tourism development, the scale and extent of which shall be in line with the provisions in the Management Plan.  Will not result in destruction of or encroachment onto archaeological monuments/ 25

Component Criteria heritage sites and will be in line with the master plan proposals for the conservation and preservation of the site / monuments.  Will not involve major civil works within the prohibited and regulated areas, as defined in the ASI regulations, to minimize any potential impacts on safety to the structures/monuments.  Will reflect inputs from public consultation and disclosure for site selection.  Will not introduce any elements or components that are invasive upon the sanctity and significance of the cultural heritage site, including large scale commercial activities or creation of new land uses with potential to trigger induced development and land use changes around the sites.  Will introduce landscaping and other tourist infrastructure in line with the environmental quality of the tourist destinations, such as landscaping in harmony with the natural vegetation and diversity and not encourage introduction of species that are invasive.  Will not result in development of physical infrastructure that would impair the environmental conditions due to lack of management capacities or high O&M costs.  Will reflect inputs from public consultation and disclosure for site selection. Conservation  Will observe the principle of not altering the historic condition and shall involve treatment measures and of damage caused by natural processes and human actions and prevention of further excavation deterioration, using both technical and management measures. measures – in  Will promote in situ conservation and only in the face of uncontrollable natural threats and and around relocation is the sole means of saving elements of a site may they be moved in their Cultural historic condition. properties and  Will ensure that intervention be minimal. Every intervention proposed shall have clear Protected objectives and use tried and proven methods and materials. Monuments/  Will ensure that physical remains are conserved in their historic condition without loss of Structures. evidence. Respect for the significance of the physical remains must guide any restoration. Technical interventions should not compromise subsequent treatment of the original fabric. The results of intervention should be unobtrusive when compared to the original fabric or to previous treatments, but still should be distinguishable  Will ensure that the adaptive reuse of any particular building of monuments/structures does not intrude or induce impacts on other areas of the monument  Will ensure preservation of traditional technology and craftsmanship. New materials and techniques may only be used after they have been tried and proven, and should in no way cause damage to the site.  Will ensure that the setting of a heritage site be conserved. Natural and cultural landscapes that form part of a site’s setting contribute to its significance and should be integrated with its conservation.  Will ensure that during archaeological excavation care be taken to conserve the physical remains. A practical plan for the conservation of a site–both during and after excavation– should be submitted for all sites programmed for excavation.  Will ensure that treatment of the cultural heritage site and its environs is a comprehensive measure to prevent damage from natural processes and human actions, to reveal the historic condition of a site, and to allow its rational use.  Service buildings should be as far as possible from the principal area of the site.  Landscaping should aim to restore the site to its historic state and should not adversely affect the site; contemporary gardening and landscape concepts and designs should not be introduced. Conservation  Will observe the principle of not adversely impacting the habitat quality of the protected and habitat area and shall involve treatment of damage caused by natural processes and human protection actions and prevention of further deterioration, using both technical and management measures – in measures. and around the  Will ensure that intervention, in form of additional civil works within the protected areas, natural heritage be minimal. Every intervention proposed shall have clear objectives and use tried and assets and proven methods and materials. protected  Will not open up new areas of tourist movement, including opening up of new routes for areas. boating in wetlands, etc., especially in areas identified as core or zone identified for conservation in the management plan for the protected area.  Will ensure that the areas of significant habitat diversity habitats are conserved in their natural condition.

Component Criteria  The results of intervention should be unobtrusive when compared to the original fabric or to previous treatments, but still should be distinguishable.  New materials and techniques may only be used after they have been tried and proven, and should in no way cause damage to the site.  Service buildings should be as far as possible from the principal area of the site. Water supply  Will be taken up from existing potable treatment systems nearby, unless no such systems are available in the vicinity.  Will not result in excessive abstraction of ground water or result in excessive groundwater pumping impairing ground water quality.  Will ensure adequate protection from pollution of intake points.  Will not result in unsatisfactory raw water supply (e.g. supply with excessive pathogens or mineral constituents).  Will ensure proper and adequate treatment and disposal facilitates for increased volumes of wastewater generation. Sanitation and  Will ensure that the site selection for the septic tank / or any other treatment method toilet facilities proposed is not close to water intake or water usage points, or areas prone to flooding or water logging.  Will ensure that sanitation improvements proposed do not result in pollution of groundwater.  Will not interfere with other utilities and block access to buildings, cause nuisance to neighboring areas due to noise, smell, and influx of insects, rodents, etc.  Will not impair downstream water quality due to inadequate sewage treatment or release of untreated sewage.  Will not cause overflows and flooding of surroundings, especially around the heritage sites with raw sewage. Solid waste  Will ensure that the disposal of solid wastes will not result in degradation of aesthetics in management the vicinity of the proposed tourist areas.  Will ensure buffer of greenbelt and earth works around the site to avoid nuisance to neighboring areas due to foul odor and influx of insects, rodents, etc.  Will ensure that for composting pits for protected areas, the locations are devoid of any wildlife population, especially wild boars, porcupines.  Will ensure any on site waste management done in compliance with government regulations and in coordination with municipal authorities. Roads  Will ensure minimal clearing of vegetation.  Will ensure no dislocation and involuntary resettlement of people living in right of way.  Will not lead to alteration of surface water hydrology of streams/waterways that may result in increased sediment load due to erosion from construction sites. Drainage and  Will ensure improvements are identified to cater to the watershed or drainage zones and flood protection not individual drains.  Will ensure adequacy of outfall of proposed drainage works, to avoid any impacts associated with flooding in downstream areas, or areas not covered.  Will ensure effective drainage of the monument area, and provide for improved structural stability of the monuments. Development of  Will ensure no deterioration of surrounding environmental conditions due to uncontrolled parking and growth around these facilities, increased traffic and increased waste generation resulting other tourist from improved infrastructure facilities. infrastructure  Will not create structures or buildings that are physically or visually intrusive, in terms of size, scale, location that shall have an adverse impact on the aesthetic quality of the site, through careful designs in terms of built form, construction materials, etc.

B. Environmental Assessment Procedures for Subprojects

79. Subprojects proposed under IDIPT must comply with Government legislation and ADB SPS 2009 as summarized below. In practice, the project management unit (PMU) will liaise with the IDIPT, SEIAA, MOEF and the ADB Regional Department to determine the specific requirements for environmental assessment of each subproject. If the environmental criteria shown in Table 6 are followed in the selection and development of subprojects, then most 27 should have relatively minor environmental impacts. The principal steps in each process are described below.

1. ADB Safeguards Policy Statement (Environment)

a) Environmental Classification

80. Please refer to Appendix 1 (Environmental Requirements) and Annex to Appendix 1 (Outline of Environmental Assessment15) of the ADB’s SPS 2009 where it is stated that the environmental classification of subprojects is determined by the Environment and Social Safeguards Division (RSES) of ADB (Rapid Environmental Assessment Checklist).16 Projects are assigned to one of the following categories, Category A, Category B, Category C and Category FI, as follows:

(i) Category A. Subproject components that are projected to have potentially significant adverse environmental impacts. An environmental impact assessment (EIA) is required; (ii) Category B. Subproject components that are projected to have some adverse environmental impacts, but they are expected to be less significant than those associated with category A projects. An IEE is required to determine whether an EIA is warranted. If an EIA is not needed, the IEE is regarded as the final environmental assessment report; and (iii) Category C. Subproject components that are unlikely to have adverse environmental impacts. No EIA or IEE is required, although environmental implications are still reviewed.

81. The classification of a project is reviewed on completion of the studies and may be revised if appropriate by ADB’s Chief Compliance Officer.

b) Preparation of Initial Environmental Examinations (IEEs)

82. An IEE is conducted if the subproject is likely to have minimal impacts, which can be easily predicted and evaluated, and for which mitigation measures prescribed easily. IEE study is also used to confirm whether the subproject requires an Environmental Impact Assessment (EIA) to evaluate and/or mitigate negative environmental impacts. IEEs generally rely on secondary sources of data and information. Each Category B subproject under IDIPT requires an IEE. The content and format of the IEE is in http://www.adb.org/documents/Guidelines/Environmental_Assessment/Content_Format_Initial_ Environmental_Examination.pdf.

c) Preparation of Environmental Impact Assessments (EIAs)

83. Given the subproject selection guidelines prescribed (Table 6 above) it is most unlikely that subprojects prepared for funding under IDIPT is classified as Category A, requiring an EIA. An EIA fulfils the same purpose as an IEE, but requires an in-depth analysis because of the potential significance of environmental impacts from the project. An EIA requires: comprehensive analysis of the potential impacts; works to be carried out to formulate practical

15 http://www.adb.org/Documents/Policies/Safeguards/Safeguard-Policy-Statement-June2009.pdf#page=35 16 http://www.adb.org/documents/Guidelines/Environmental_Assessment/eaguidelines002.asp#rea

28 mitigation measures; in-depth economic evaluation of impact to screen and evaluate the best alternative; and an in-depth analysis to prepare an environmental management plan.

d) Environmental Management Plans (EMPs)

84. An EMP that addresses the potential impacts and risks identified by the environmental assessment shall be prepared for each Category A or B subproject. The EMP will include the proposed mitigation measures, environmental monitoring and reporting requirements, emergency response procedures, related institutional or organizational arrangements, capacity development and training measures, implementation schedule, cost estimates, and performance indicators. Where impacts and risks cannot be avoided or prevented, mitigation measures and actions will be identified so that the project is designed, constructed, and operated in compliance with applicable laws and regulations and meets the requirements specified in this document. The level of detail and complexity of the environmental planning documents and the priority of the identified measures and actions will be commensurate with the subproject’s impacts and risks. Key considerations include mitigation of potential adverse impacts to the level of “no significant harm to third parties”, the polluter pays principle, the precautionary approach, and adaptive management. The preparation and content of the EMP is given in ADB's SPS 2009.

85. Occupational health and safety aspects. The EMP will include provisions to provide workers with a safe and healthy working environment, taking into account risks inherent to the particular sector and specific classes of hazards in the borrower’s/client’s work areas. The borrower/client will take steps to prevent accidents, injury, and disease arising from, associated with, or occurring during the course of work by (i) identifying and minimizing, so far as reasonably practicable, the causes of potential hazards to workers; (ii) providing preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances; (iii) providing appropriate equipment to minimize risks and requiring and enforcing its use; (iv) training workers and providing them with appropriate incentives to use and comply with health and safety procedures and protective equipment; (v) documenting and reporting occupational accidents, diseases, and incidents; and (vi) having emergency prevention, preparedness, and response arrangements in place. The borrower/client will apply preventive and protective measures consistent with international good practice, as reflected in internationally recognized standards such as the World Bank Group’s Environment, Health and Safety Guidelines.

86. Community health and safety. The IEE will identify and assess the risks to, and potential impacts on, the safety of affected communities during the design, construction, operation, and decommissioning of the project, and the EMP will establish preventive measures and plans to address them in a manner commensurate with the identified risks and impacts. These measures will favor the prevention or avoidance of risks and impacts over their minimization and reduction. The borrower/client will inform affected communities of significant potential hazards in a culturally appropriate manner. The borrower/client will be prepared to respond to accidental and emergency situations. This preparation will include response planning document(s) that addresses the training, resources, responsibilities, communications, procedures, and other aspects required to respond effectively to emergencies associated with project hazards. Appropriate information about emergency preparedness and response activities, resources, and responsibilities will be disclosed to affected communities.

87. If some residual impacts are likely to remain significant after mitigation, the EMP will also include appropriate compensatory measures (offset) that aim to ensure that the project does not 29 cause significant net degradation to the environment. Such measures may relate, for instance, to conservation of habitat and biodiversity, preservation of ambient conditions, and greenhouse gas emissions. Monetary compensation in lieu of offset is acceptable in exceptional circumstances, provided that the compensation is used to provide environmental benefits of the same nature and is commensurate with the project’s residual impact.

88. The EMP will define expected outcomes as measurable events to the extent possible and will include performance indicators or targets that can be tracked over defined periods. It will be responsive to changes in project design, such as a major change in project location or route, or in technology, unforeseen events, and monitoring results.

89. At times, a third party’s involvement will influence implementation of the EMP. A third party may be, inter alia, a government agency, a contractor, or an operator of an associated facility. When the third-party risk is high and the borrower/client has control or influence over the actions and behavior of the third party, the borrower/client will collaborate with the third party to achieve the outcome consistent with the requirements for the executing agency. Specific actions will be determined on a case-by-case basis.

90. The executing agency will use qualified and experienced experts to prepare the environmental assessment and the EMP. For highly complex and sensitive projects, independent advisory panels of experts not affiliated with the project will be used during project preparation and implementation.

91. An element of the Safegaurds Policy Statement (Environment) provides that ADB address the environmental aspects of its operations through a systematic approach to the purchase of goods and services that are thought to be less damaging to the environment17 than other goods and services that serve the same purpose.

e) Biodiversity Conservation and Sustainable Natural Resource Management

92. The executing agency in each of the project states, through application of the EARF provisions, shall identify measures to avoid, minimize or mitigate potentially adverse impacts and risks and, as a last resort, propose compensatory measures, such as biodiversity offsets, to achieve no net loss or a net gain of the affected biodiversity.

93. Natural habitats. In areas of natural habitat, the project will not significantly convert or degrade such habitat, unless the following conditions are met:

(i) No alternatives are available; (ii) A comprehensive analysis demonstrates that the overall benefits from the project will substantially outweigh the project costs, including environmental costs; (iii) Any conversion or degradation is appropriately mitigated.

17 Goods controlled (i.e., banned or scheduled to be phased out of production and use) under international environmental or public health agreements shall not be allowed. Substances controlled under these agreements are among the products most damaging to the environment and human health. These include ozone-depleting substances, asbestos, chemicals covered by Rotterdam Convention, and persistent organic pollutants covered by the Stockholm Convention. Except as ADB may otherwise agree, goods must not contain products identified on ADB’s Prohibited List. Suppliers should provide such reports or information as needed to ensure that this requirement is met.

94. Mitigation measures will be designed to achieve at least no net loss of biodiversity. They may include a combination of actions, such as postproject restoration of habitats, offset of losses through the creation or effective conservation of ecologically comparable areas that are managed for biodiversity while respecting the ongoing use of such biodiversity by Indigenous Peoples or traditional communities, and compensation to direct users of biodiversity.

95. Critical habitats. In subprojects to be implemented in areas of critical habitats18, the executing agency shall ensure that:

(i) There are no measurable adverse impacts, or likelihood of such, on the critical habitat which could impair its high biodiversity value or the ability to function; (ii) The project is not anticipated to lead to a reduction in the population of any recognized endangered or critically endangered species6 or a loss in area of the habitat concerned such that the persistence of a viable and representative host ecosystem be compromised; (iii) Any lesser impacts are mitigated.

96. When the project involves activities in a critical habitat, the borrower/client will retain qualified and experienced external experts to assist in conducting the assessment.

97. Legally protected areas. In circumstances where some project activities are located within a legally protected area, the borrower/client will meet the following requirements:

(i) Act in a manner consistent with defined protected area management plans; (ii) Consult protected area sponsors and managers, local communities, and other key stakeholders on the proposed project; (iii) Implement additional programs, as appropriate, to promote and enhance the conservation aims of the protected area.

f) Review of Environmental Assessment

98. ADB will review draft final reports of all Category A and Category B sub projects. The final EIA or IEE documents and summaries (SEIA/SIEE) will be submitted to ADB by PMU for consideration by the Bank's Board of Directors. In line with ADB's SPS 2009, the executing agency shall ensure that relevant information (whether positive or negative) about social and environmental safeguard issues is made available in a timely manner, in an accessible place, and in a form and language(s) understandable to affected people and to other stakeholders, including the general public, so they can provide meaningful inputs into project design and implementation. ADB will post the following safeguard documents on its website: (i) for environment Category A projects, draft EIA reports at least 120 days before Board consideration; (ii) draft EARF before project appraisal; (iii) final or updated EIA and/or IEE upon receipt; and (iv) environmental monitoring reports submitted by the executing agency during project implementation upon receipt.

18 Critical habitats include those areas either legally protected or officially proposed for protection, such as areas that meet the criteria of the World Conservation Union Classification, the Ramsar List of Wetlands of International Importance, and the UNESCO world natural heritage sites. 31

2. Government of India’s Environmental Clearance Procedures

99. The requirements of national environmental laws that apply to IDIPT subprojects are summarized in Table 4. This indicates that in terms of compliance, subprojects may be of three types: (i) subprojects that attract the EIA Notification; (ii) subprojects that require clearance/no objection certificates or consent from competent Government agencies; and (iii) subprojects that require no environmental authorization. The procedures for subprojects (i) and (ii) are as follows:

a) Environmental Classification

100. Under the Government’s EIA Notification, 2006 the environmental classification of projects is determined by MOEF, and there are two possible outcomes:

(i) Category A. A subproject is classified as Category A if it is likely to have significant negative impacts and is thus one of the types of project listed in this category in the EIA Notification. Such projects require EIA, plus Environmental Clearance from MOEF; and (ii) Category B. A subproject is classified as Category B if it is likely to have fewer negative impacts and is listed in this category in the EIA Notification. These projects require EC from the State Environment Impact Assessment Authority (SEIAA), who classify the project as B1 (requiring EIA) or B2 (no EIA), depending on the level of potential impacts. Projects classified as B2 require no further study. If an SEIAA does not exist all Category B projects are considered Category A requiring clearance from MOEF.

b) Preparation of Environmental Impact Assessments (EIAs)

101. An EIA is mandatory for Category A and B1 projects. Projects in Category A are those with major negative impacts (such as power plants, chemical manufacturing, etc.), so it is very unlikely that any subprojects developed under IDIPT would fall into this group. However, certain subprojects (e.g., common landfills and sewage treatment plants) are included in Category B, and these may be classified by SEIAA as B1. These would then require EIA, which should follow the content and format shown in Annex 1 of the EIA Notification (http://envfor.nic.in/legis/eia/so1533.pdf); this includes Social Impact Assessment Studies and Rehabilitation and Resettlement Action Plans.

c) Environmental Monitoring and Environmental Management Plans (EMP)

102. The EIA Notification requires that the EIA includes a comprehensive programme for monitoring the effectiveness of mitigation measures. This should specify measurement methodologies, frequency, locations, data analysis, reporting schedules, emergency procedures, detailed budget and procurement schedules. An Environmental Management Plan is also required, identifying mitigation measures and specifying administrative arrangements to ensure that mitigation measures are implemented and their effectiveness is monitored after approval of the EIA. A budget for the EMP should also be provided.

d) Public Consultation and Information Disclosure

103. Public consultation and disclosure is required for A and B1 projects and consists of (i) a public hearing at or near the proposed site, and (ii) responses in writing from stakeholders. The public hearing is conducted by the appropriate State Pollution Control Board. Disclosure is also handled by SPCB, who lodge the Summary EIA report on their website and invite responses from stakeholders. The Draft EIA report is available on request until the public hearing.

e) Review of Environmental Assessment Reports by Government Agencies

104. After completion of the public consultation the proponent addresses all material concerns expressed during consultation and disclosure, by appropriate changes in the draft EIA and EMP, which are then submitted for approval. The report is reviewed by an Expert Appraisal Committee (EAC), constituted by MOEF for Category A projects and SEIAA for B1 projects. The EAC provides its recommendation to the appropriate authority, which then decides on the basis of the recommendation whether to issue or deny the Environmental Clearance (EC). An issued EC will normally include certain conditions, with which the proponent must comply.

f) Post Environmental Clearance Monitoring

105. Under the EIA Notification it is mandatory for the project proponent to submit half-yearly compliance reports in respect of the stipulated EC conditions.

g) Other Mandatory Environmental Requirements

106. Subprojects that include composting facilities, or hot/wet mix plants and stone crushers (if required for construction) may attract the Water (Prevention and Control of Pollution) Act 1974, and/or the Air (Prevention and Control of Pollution) Act 1981. If this is the case, consent will be required from SPCB for Consent for Establishment as well as Consent for Operation (CFO). Landfills and compost plants additionally require site authorization from SPCB under the Municipal Solid Waste (Management and Handling) Rules 2000.

107. After obtaining EC (if required by the EIA Notification), the project proponent submits to SPCB the necessary application forms, plus maps and other documents describing the site and the project and process. CFE/CFO is issued upon review of documents, supplemented by site visits. The Board issues CFE before the start of construction and CFO on completion of construction, provided CFE conditions, if any, are satisfied. During the operation period the effluent, air emissions, noise levels, etc., must conform to applicable environmental standards as required by the appropriate legislation. The CFO is considered for renewal every year based on the operational performance of the facility.

108. The main responsibility of implementing the subprojects in compliance with the above guidelines and policies lies with the executing agency through its PMU. The roles and responsibilities of various institutions involved in IDIPT are summarized in below table. Table 4 below summarizes ADB and the Government’s procedures during subproject processing.

109. Based on the above criteria, components identified will ensure that the Project does not result in any potential adverse environmental impacts, which will in turn categorize the Project as ‘B’. As established in the IEE of the sample sub-projects, most of the impacts are typical construction related impacts, which could be mitigated by appropriate mitigation measures. 33

Most of the components, therefore, could be categorized as either ‘B’ or ‘C’ that does not warrant an EIA study. In any case, if an IEE (or a rapid environmental assessment [REA]) warrants further study, an environmental impact assessment (EIA) should be conducted.

110. However, to take note of those Project components which may probably induce significant environmental impacts due to its location or process, the following procedure is suggested. The subproject components under this category are solid waste processing and disposal facility. For these components it is recommended to conduct an REA to check the Project category. (REA checklists are appended in Annex 6). An EIA shall be conducted for “A” category, while an IEE shall be conducted for “B” category.

Table 7: ADB and the Government of India’s Environmental Procedures during Subproject Processing Project Stage ADB Government of India Subproject Identification / Subproject selection in line with the EARF subproject Categorization (A or B) according to Categorization selection criteria Schedule and General/Specific REA Checklist completed and Project Categorization Conditions in the Government’s (A/B/C) carried out at the earliest stage of project Environmental Protection Rules, 2006. preparation when sufficient information is available for this purpose. Environmental Assessment IEE/EIA (EMP for Category A and B), in line with the Screening (for Category A and B). /Project Design EARF. The borrower/client will use qualified and Categorized as B1 (requires full EIA) or experienced experts to prepare the environmental B2 (does not require full EIA). assessment and the EMP. For highly complex and Scoping and TOR for EIA (A or B1) with sensitive projects, independent advisory panels of scrutiny by EAC. TOR (or rejection of experts required (ADB to approve panel first). EMP EC) finalized by EAC or SEAC within 60 will be responsive to changes in project design, such days. Approved TOR posted on MOEF or as a major change in project location or route, or in concerned SEIAA website. EIA prepared technology, unforeseen events, and monitoring for the project, and includes EMP. results. Update EMP and made site-specific for each contract during the detailed engineering design IEE or EIA as applicable, including an EMP, shall be submitted to ADB for review and clearance prior to issuance of tender/bidding documents In case of changes in specific locations or alignments of any subproject facilities the EMP will be updated and that environmental assessment will be carried out if changes in location and alignment are located outside the project area of influence. Consultation & participation ADB require project proponents to engage with As per Government policy, the public communities, groups, or people affected by consultation for Category A and B1 proposed projects, and with civil society. Public projects (as per Annex 1 of EPR, 2006) Consultation—For Category A at least twice: once has two components comprising of: during the early stages of EIA field work and once (a) a public hearing at the site or in its when the draft EIA report is available, and prior to close proximity of project location. loan appraisal by ADB. For Category B Projects it is (b) obtain responses in writing recommended that public consultation be carried out from other concerned persons having a during the early stages of the environmental plausible stake in the environmental assessment process and throughout the project aspects of the project or activity. implementation to address any environmental Public consultation, particularly public issues that affect the local communities, NGOs, hearing, is required only in Category A governments, and other interested parties. ADB projects and B1 projects. There are requires meaningful consultation, which is defined as certain exceptions in Category A a process that (i) begins early in the project projects as well. preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the

Project Stage ADB Government of India needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. This is required of all projects. Disclosure of information The borrower/client will submit to ADB the following Draft EIA publicized widely before documents for disclosure on ADB’s website: hearing. Notice of public hearing within 7 (i) a draft full EIA (including the draft EMP) at least days of date. 30 days for public 120 days prior to ADB Board consideration, and/or responses. Incorporate concerns environmental assessment and review frameworks expressed into the draft EIA and EMP. before project appraisal, where applicable; (ii) the final EIA/IEE; (iii) a new or updated EIA/IEE and corrective action plan prepared during project implementation, if any; and (iv) the environmental monitoring reports. The executing agency will provide relevant environmental information in a timely manner, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. For illiterate people, other suitable communication methods will be used. Approval/Clearance The executing agency after review of EIA/IEE will EC Decision within 40 days of the receipt forward to ADB to review and clear EIA/IEE, prior to of the recommendations of the EAC or approval and issuance of tender documents. SEAC or within 105 days of the receipt of the final EIA. Where EIA is not required, within 105 days of the receipt of the complete application and requisite documents. Procurement/ Contract Obtain necessary environmental clearances, Necessary EC obtained prior to Award consents, and NOCs prior to contract award. commencing any construction, or land preparation. NOCs, CFE and CFO from respective SPCB; and Forest clearances. Contractors submit Environmental Implementation Plans (EIP) based on EIA/IEE findings to be incorporated into bidding documents and civil award contracts. To ensure that contractors appropriately implement the agreed measures, the borrower/client will include/verify the safeguard requirements in bidding documents and civil works contracts. Implementation EMP implementation reflected in PAM. Annual Executing agency/PMU to submit half- monitoring reports prepared in line with the EMP yearly compliance monitoring reports on provisions and submitted to ADB for review. 1st June and 1st December. All ADB supervision missions shall review effective EMP compliance reports are public documents implementation. PMU monitoring reporting to ADB. and displayed on website of concerned The PMU submits the following monitoring reports to regulatory authority ADB for review: (i) semiannual reports during project construction, and annual reports during project operation for environment category A projects; and annual monitoring reports for environment category B projects as deemed

Completion Prepare a project completion report that assesses whether the objective and desired outcomes of the safeguard plans have been achieved, taking into account the baseline conditions and the results of monitoring. State Level Expert Appraisal Committee (SEAC), Expert Appraisal Committee (EAC), Ministry of Environment and Forest (MOEF), State Environment Impact Assessment Authority (SEIAA). State Pollution Control Board (SPCB), No Objection Certificates (NOCs), Project Management Unit (PMU)

V. CONSULTATION, INFORMATION DISCLOSURE, AND GRIEVANCE REDRESS MECHANISM

A. Public Consultation

111. The borrower/client will carry out meaningful19 consultation with affected people and other concerned stakeholders, including civil society, and facilitate their informed participation. According to ADB’s SPS, public consultation is mandatory as part of environmental assessment of Category A and Category B projects, and best practice approaches should be followed. Public consultation for Category A projects need to be carried out during the early stage of environmental assessment preparation and throughout the project implementation to address any environmental issues that affect the local communities, nongovernmental organizations (NGOs), governments, and other interested parties. For all Category A projects, the SPS requires public consultation at least twice: once during the early stages of EIA field work and once when the draft EIA report is available, and prior to loan appraisal by ADB. For Category B Projects it is recommended that public consultation be carried out during the early stages of the environmental assessment process and throughout the project implementation to address any environmental issues that affect the local communities, NGOs, governments, and other interested parties. It is important that consultation with stakeholders occurs at an early stage of environmental assessment preparation, and throughout project implementation.

112. A variety of approaches can be adopted, which are described in detail in the ADB Environmental Assessment Guidelines (2003). Consultation will be carried out in a manner commensurate with the impacts on affected communities. The consultation process and its results are to be documented and reflected in the environmental assessment report.

B. Information Disclosure

113. Information shall be disclosed through public consultation and more formally by making documents and other materials available in a form and at a location in which they can be easily accessed by stakeholders. This normally involves making draft reports available at public locations in the subproject locations and providing a mechanism for the receipt of comments, and making documents available more widely by lodging them on the ADB and the executing agency’s website. The borrower/client will submit to ADB the following documents for disclosure on ADB’s website. A draft full EIA (including the draft EMP) at least 120 days prior to ADB Board consideration, and/or environmental assessment and review frameworks before project appraisal, where applicable;

(i) The final EIA/IEE; (ii) A new or updated EIA/IEE and corrective action plan prepared during project implementation, if any; and (iii) The environmental monitoring reports.

19 Meaningful consultation is a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

114. The borrower/client will provide relevant environmental information, including information from the documents above in a timely manner, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. For illiterate people, other suitable communication methods will be used.

C. Grievance Redress Mechanism

115. The executing agency in each of the four states will establish a mechanism to receive and facilitate resolution of affected peoples’ concerns, complaints, and grievances about the project’s environmental performance. Project Implementation Units (PIUs) will formulate Grievance Redress Committees (GRC) within one week of the voiced grievance at the project level consisting of members of local government, NGOs, project staff, and representatives of the affected people. Decisions on the grievance are to be made within 15 days of committee forming. If the grievance cannot be solved, the PMU is notified to further advise on the situation with higher government and legal bodies. The GRC to be gender sensitive and is to ensure rights of vulnerable and poor are included. The grievance mechanism will be scaled to the risks and adverse impacts of the project. It will address affected people's concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to all segments of the affected people at no costs and without retribution. The mechanism developed will be in a manner that it shall not impede access to the existing judicial or administrative remedies. The affected people will be appropriately informed about the mechanism.

VI. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES

A. Institutional Roles and Responsibilities

116. A national-level steering committee comprising experts and relevant government officials from the central government and the participating states will be established to monitor the overall implementation of the investment program to ensure the realization of expected impacts in the four participating states. Each state government will establish a state-level empowered committee, chaired by the state’s chief secretary and comprising secretaries from line agencies, to take all decisions on behalf of the state and will (i) act as a policy making body; (ii) provide overall advice and guidance to the state’s executing agency and project management unit (PMU); and (iii) accord all approvals under the investment program. The Department of Tourism of each state will be the executing agency. All necessary powers to: (i) assume overall responsibility for the execution of the MFF; (ii) engage adequate permanent and fixed-term staff to implement the MFF; (iii) set up a state-level project management unit (PMU) and project implementation units (PIUs); (iv) provide overall strategic guidance on the implementation of the road map; and (v) ensure compliance with the loan covenants and undertakings set forth in the FFA will be delegated to the respective executing agencies. The Tourism Development Board, or its equivalent, of each state will be the implementing agency. Each PMU will be headed by a full-time project director and will consist of personnel deputed from state government departments and recruited from the market. Each PMU will also be supported by a team of consultants. PMU will be the nodal agency for the overall management of all activities under the investment program and will be contain an officer overseeing environmental and social safeguards with consultant support from a Safeguards Specialist for Social and Environment on the Project Management Consultants and two safeguards specialists (one environmental specialist and one social safeguard specialist) on the Design and Supervision Consultant teams. PIUs will mainly consist of engineers and experts deputed from state government departments. 37

A team of design and supervision consultants will be engaged by the executing agency concerned for each PIU to strengthen its capacity, including safeguards.

VII. MONITORING AND REPORTING

117. Implementation of the EMP during construction will be done by the contractor and supervised by the DSC's environmental consultant. The parameters to be monitored, frequency and duration of monitoring as well as the locations to be monitored will be as per the monitoring plan prepared as part of the EMP. The PIU (with assistance from DSC environmental specialist) will report the results and conclusions of EMP implementation and environmental monitoring to the PMU quarterly. The PMU will consolidate such reports and submit annual environmental monitoring report to ADB. For Category A subprojects, monitoring reports are to be submitted semi-annually. The budget for environmental monitoring shall be included as part of civil works and DSC contracts.

118. Environmental assessment will include environmental monitoring plans identifying environmental monitoring activities to ensure that negative environmental impacts are addressed. It will identify environmental parameters to be monitored; describe sampling stations, frequency of monitoring, applicable standards, agencies and institutions responsible for monitoring; and provide indicative monitoring costs. The PMU has the responsibility of fulfilling environmental requirements of the Government/states and conducting required level of environmental assessment as per ADB guidelines. The Project Management Consultants will assist the PMU in this regard. PMUs will be responsible for providing technical sanctions for subprojects after verifying designs and incorporating mitigation measures into design and contract documents. During construction, monitoring will largely be undertaken by contractors. PIUs will monitor contractor’s environmental performance. During the operation stage, monitoring will be the responsibility of the executing agency or the respective implementing agencies.

119. ADB will require the executing agency through its PMUs to:

(i) Maintain procedures to monitor the progress of implementation of environmental plans; (ii) Verify the compliance with environmental measures and their progress toward intended outcomes; (iii) Document and disclose monitoring results and identify necessary corrective and preventive actions in the periodic monitoring reports; (iv) Follow up on these actions to ensure progress toward the desired outcomes, retain qualified and experienced external experts 28 or qualified NGOs to verify monitoring information for projects with significant impacts and risks; (v) Use independent advisory panels to monitor project implementation for highly complex and sensitive projects; and (vi) Submit annual monitoring reports on environmental measures.

120. During review missions, ADB will assess environmental compliance with all environmental requirements. ADB will monitor projects on an ongoing basis until a project completion report is issued. ADB will carry out the following monitoring actions to supervise project implementation:

(i) Conduct periodic site visits for projects with adverse environmental or social impacts;

(ii) Conduct supervision missions with detailed review by ADB’s safeguard specialists/officers or consultants for projects with significant adverse social or environmental impacts; (iii) Review the periodic monitoring reports submitted by borrowers/clients to ensure that adverse impacts and risks are mitigated as planned and as agreed with ADB; (iv) Work with borrowers/clients to rectify to the extent possible any failures to comply with their safeguard commitments, as covenanted in the legal agreements; (v) Exercise remedies to reestablish compliance as appropriate; and (vi) Prepare a project completion report that assesses whether the objective and desired outcomes of the safeguard plans have been achieved, taking into account the baseline conditions and the results of monitoring.

121. The mitigation measures identified through IEE/EIA are incorporated into the project cycle. Mitigation measures, which are implemented by the Contractor, shall form part of the Contract Documents. The other mitigation measures are undertaken by the PMU (itself or in assistance with Project Consultants) as specified in the IEE.

Table 8: Institutional Roles and Responsibilities PIU/PMU ADB Detailed Design and Pre-construction stage  PIU, PMU and environmental consultants to conduct all ADB to ensure compliance with its activities in compliance with ADB's Safeguards Policy Safeguards Policy Statement. ADB (and PMU) Statement (2009) to review the REA checklists and reconfirm the  PIU (through its DSC) to conduct Rapid Environmental categorization. ADB will review and approve Assessment (REA) for each sub-components using checklists IEE/EIA reports. In addition, the updated and  Based on the REA, categorize the project based on ADB’s finalized IEE/EIA reports of all tranche 1 Guidelines subprojects will be reviewed and approved by  To fulfill ADB requirements, DSC will assist the PIU in ADB during detailed design stage. conducting EIAs for Category A and IEEs for Category B subprojects. An REA may also trigger an EIA. For Category C subprojects no EIA or IEE is required, the PIU to provide generic mitigation measures, if any, to be implemented.  PIU (through DSC) will review the EIA/IEE Reports and will submit to PMU. PMU with help from PMC to review and revise then send to ADB for review and clearance.  IEE or EIA as applicable, including an EMP, shall be submitted to ADB for review and clearance prior to issuance of tender/bidding documents  The legal agreement to include clauses on obligation of the borrower/client to incorporate safeguard requirements in bidding documents and civil work contracts.  PIU to update EMP and made site-specific for each contract during the detailed engineering design  PIU and PMU to fulfill the Govenment and State environmental requirements including: Environmental Clearance (EC) conducted for A and B1 category according to the TOR determined by MOEF/State-level EAC); CFE and CFO for and NOCs to comply with SPCB; and Forest clearances.  For the subprojects that require EC, the ToR determined by concerned agency shall be included in the IEE/EIA study so as to fulfill the Government and ADB requirements with single document.  PIU and PMU (through DSC and PMU) to conduct public consultation and disclosure during IEE/EIA process and comments shall be reflected in the IEE/EIA report.  PMU to monitor the disclosure and public consultation.  PMU will apply for any CFO renewals if required. 39

PIU/PMU ADB  After confirmation of clearance of IEE/EIAs from ADB, PMU with the assistance of Project Consultants to disclose final EARF, IEEs (or EIAs) with EMPs to the public as required by ADB Guidelines. Category A projects to be disclosed 120 days before ADB Board consideration. All IEEs/EIAs are available to the public upon request.  Project Consultants (DSC), on behalf of PIU, to incorporate mitigation measures in project design, specified in IEE/EIA study.  PIU with the assistance of Project Consultants (DSC) to identify and incorporate environmental mitigation and monitoring measures into contract documents.  In case of changes in specific locations or alignments of any subproject facilities please state instead that EMP will be updated and that environmental assessment will be carried out if changes in location and alignment are located outside the project area of influence.

Construction stage  PIU and DSC to monitor the implementation of mitigation ADB (and PMU) to review the reports measures by Contractor. and provide necessary advice as needed to the  DSC to prepare quarterly progress reports including a section PIU. on implementation of the mitigation measures and submit to PMU (through the PIU) for review.  PIU and PMU to review the progress reports to ensure that the all mitigation measures are properly implemented.  PMU to consolidate the monthly reports and submit annual reports to the executing agency and ADB for review. For Category A, reporting semi-annually.  DSC will conduct environmental quality monitoring during construction stage (ambient air and noise, and water quality, etc.). Project Completion  PMC to prepare a project completion report (PCR) that ADB to review government’s project assesses whether the objective and completion report and include its assessment  desired outcomes of the environmental plans have been into the final ADB PCR. achieved, taking into account the baseline conditions and the results of monitoring. Operation Stage  ULB and executing agency to conduct monitoring, as specified in the environmental monitoring plan.  The SPCB to monitor the compliance of the standards regarding drinking water quality, ground water, ambient air, leachate quality and compost quality including incineration standards, if applicable.  SPCB to fulfill all responsibilities as outlined in the Government’s environmental policies including the Solid Waste Management Handling Rules, 2000.

A. Staffing Requirements and Budget

122. The Project Management Consultants, appointed and overseen by the PMU, shall prepare the EIA/IEE as per the ADB guidelines. A time frame of 30 days may be sufficient to prepare an IEE report and about 80 days may be required for preparation of an EIA report. The Environmental Officer of PMU shall prepare the REA checklists. The public consultation and information disclosure shall be conducted by the consultants, PIU and PMU.

123. The PMU will implement this EARF. The PIU (through its DSC) will be responsible for conducting the IEE studies for Category B subprojects and EIA studies for Category A subprojects based on ADB's Environmental Policy and EAG. DSC will also be responsible for:

incorporation of mitigation measures in design and construction; and, baseline and construction- stage environmental quality monitoring. PMUs with the assistance of PMC will review and approve IEEs or EIAs, and will monitor the implementation of environmental monitoring plan and environmental management plans. The construction contractors will implement mitigation measures in construction. Implementation of mitigation and monitoring measures during the O&M will be the responsibility of the respective implementing agencies. Government regulatory agencies such as SPCBs will also monitor the environmental performance in compliance with government standards and regulations during the operation stage, after the project completion. Therefore there will be no additional costs for long-term environmental monitoring for the project.

124. Costs required for operating the Environmental Assessment and Review Framework should cover the following activities:

(i) Conducting IEE or EIA studies, preparing and submitting reports and public consultation and disclosure; (ii) Implementation of EMPs.

125. For budgeting purposes it is assumed that all subprojects will be classified as Category B by ADB (requiring IEE) and B1 by SEIAA (requiring EIA). In practice the PMU should aim to produce a single document that serves both purposes to avoid duplication of effort, and this should be achievable given the comprehensive nature of ADB's IEE requirements.

126. Generally an IEE relies on the collection of existing data in order to describe environmental conditions in the project area, and it is not expected that new surveys would be conducted. The work thus involves the collection and analysis of data on the existing environment and the proposed project, assessment and mitigation of impacts, preparation of a monitoring plan or EMP and budget, public consultation, and preparation of the IEE report and summary.

127. IEEs conducted for the sample subprojects suggest that implementation of a typical monitoring plan or EMP will require a full time Environmental Specialist within the PMU over the life of the project to oversee environmental management. During the operation state, long-term monitoring of key environmental parameters including air and water quality is required by the SPCB as per their mandated responsibilities. As SPCB will conduct this routine monitoring, there will be no additional costs for long-term monitoring for environmental management.

Table 9: Staffing and Indicative Cost of EARF Implementation Item Quantity Unit Cost Total Cost Sub-total USD USD USD 1. PMU (4 total, one for each state) Environmental / Social Safeguards staff 60 man months/staff X 4 states = 240 $1400 unit 336,000 336,000 man months 2. DSC (8 total, two for each state) Environmental Specialists (ES) 30 man months/ES X 8 packages = $3,000 unit 720,000 (Domestic consultant) 240 man months Travel (11 trips)/ES X 8 packages = $600 52,800 88 trips Per Diem for 30 man months/ES X 4 $1,000 120,000 states = 120 man months 784,800 41

Item Quantity Unit Cost Total Cost Sub-total USD USD USD 3. PMC in each of the states Safeguards Specialists (Domestic 6 man months X 5 years X 4 states = $4,000 480,000 480,000 consultant) 120 man months 4. Other Expenses Environmental Assessments Tranche 1 & Tranche 2 X 4 states Tranche 1 140,000 ($15,000); Tranche 2 ($20,000) Public Consultations Tranches 1,2,& 3 X 4 states Tranche 1 200,000 ($10,000), Tranche 2 ($15,000), Tree cutting (to be included in BOQ) LS $15,000 15,000 355,000

TOTAL 1,955,800

DSMC = Design, Supervision, and Management Consultants, IEE = Initial Environmental Examination, PMC = Program Management Consultants, PMU = Project Management Unit, PIU = Project Implementation Unit, SPCB = State Pollution Control Board, Environmental Monitoring Plan (EMP)

128. The project preparatory technical assistance through which IDIPT was prepared included detailed studies on Involuntary Resettlement, Gender and Indigenous Peoples, and Resettlement Framework which describes how these issues would be addressed in development and implementation of subprojects in the future. Together with the EARF described in this document, these documents ensure that subprojects and the IDIPT as a whole comply with ADB's SPS 2009.

LIST OF ANNEXES

Annex 1 List of Subprojects Identified for Inclusion under the Project Annex 2 Protected Areas Management Annex 3 Generic Contract Clauses to be integrated into civil contracts

Annex 1: Long List of Subprojects Proposed for Inclusion in the Project

Himachal Pradesh Location / Description Est. Cost Est. Type of Agency District (Rs.Mill) Cost ($ Contract Mill) Spirit and Water Heritage Development of Tourism facilities at Una Gateway Pedestrian access and parking 0.56 NCB Item improvements for town bazaar and rate temple area 25.4 Local Body Sub Total 199.60 3.87 Spiritual gateway Hanogi, Mandi Provision of pedestrian suspension 12.22 0.27 NCB Item DoT&CA bridge and walking trail improvements rate Shapur to Gete, Way-side facilities (6 No) and tourist 27.00 0.60 NCB Item DoT&CA Chamba information from Shapur to Gete (86km) rate Western Circuit Heliport development facilities at Baba 46.00 1.02 NCB Turn DoT&CA Balak Nath and Chamba key Baba Balak Provision of interpretation centres and 22.50 0.50 NCB Item Temple Trust Nath, Hamirpur town information sign boards rate Dharamshala, Construction of 200 car capacity multi 40.91 0.91 NCB Turn Dharamshala Kangra level Parking at the bus stand key MC Construction of concrete road pavements 38.58 0.86 NCB Item PWD and drainage at McLeodganj. rate Charmunda Sewerage to temple and surrounding 41.40 0.92 NCB Item I&PHD Devi, Kangra village plus drainage and landscaping of rate temple lake Construction of bus stand for temple 21.00 0.47 NCB Item PWD complex rate Construction of culture / meditation 27.60 0.61 NCB Turn Temple Trust centre complex with parking and visitor key facilities. Mandi Town Beautification & development of historical 98.00 2.18 NCB Item DoT&CA town rate Rewalsar Provision of tourist facilities including 9.00 0.20 NCB Item DoT&CA parking, toilets, landscaping, etc. rate Pandho Development of water and adventure 10.00 0.22 NCB Turn DoT&CA centre up-stream of Pandho Dam on key Beas river Chamba district Beautification & development of khajjiar 40.00 0.89 NCB Item DoT&CA lake rate Beautification & development of Chamba 60.00 1.33 NCB Item DoT&CA Town rate Western Circuit Construction of 30 Sulabh toilet blocks at 38.90 0.86 NCB Item DoT&CA tourist spots including solid waste rate management Provision of Circuit Tourist Information 67.50 1.50 NCB Turn DoT&CA System and Centers. key Dharamshala, Desilting and protection of Dal Lake, 17.81 0.40 NCB Item I&PHD Kangra McLeodganj rate

Govind Sagar, Development of community operated 10.00 0.22 NCB Goods Regional water Bilaspur water and adventure centre at Govind sports centre Sagar lake

Construction of rest sheds and facilities 13.50 0.30 NCB Item DRDA around Govind Sagar lake rate Spiritual Gateway Parashar Community Based Eco-tourism for Diana 10.25 0.23 NCB Item Forest Dept. Park-Kataula-Parashar-Kandhi-Lakshai- rate Balu-Thatta-Ropa Eco-circuit

Laghar Community Based Eco-tourism for 9.50 0.21 NCB Item Forest Dept. Lagdhar-Janitry-Murahdhar-Nagan- rate Baglu-Rewalsar Eco-circuit

Majhwar Community Based Eco-tourism for 4.75 0.11 NCB Item Forest Dept. Mandi-Majhwar-Dhuandevi Eco-circuit rate Drang Community Based Eco-tourism for 6.00 0.13 NCB Item Forest Dept. Drang-Himriganga-Diana Park- rate Bassadhar-Kataula Eco-circuit

Aut Community Based Eco-tourism for Aut- 5.50 0.12 NCB Item Forest Dept. Jwalapur/Puin-Farsh-Balu-Jhiri Eco- rate circuit Karsog Community Based Eco-tourism for 9.50 0.21 NCB Item Forest Dept. Karsog Forest rate Western Circuit Development of community lodging 30.00 0.67 NCB Item DoT&CA facilities in Western Tourism circuit area. rate Dharamshala, Construction of 90 car capacity multi level 14.34 0.32 NCB Turn Dharamshala Kangra Parking at Bhagsu Nag Road key MC 731.75 16.26 Great Himalayan Outdoors GHNP, Kullu Improvement of access road to GHNP 60.00 1.33 NCB Item PWD eco-zone villages (22km) rate Kullu District Trekking trails and pedestrian bridges to 34.80 0.77 NCB Item Forest Dept. Beas Kund at Solang Nalla, trail rate improvements (11km) to Chander Khani & Jeep track / Trekking path (2km) to Jogni Falls Naggar, Kullu Construction of tourist parking and public 7.20 0.16 NCB Turn DoT&CA toilets near Fort and Bus stand. key Manali and Pedestrianization of The Mall, parking 55.00 1.22 NCB Item DoT&CA, PWD, Solang Nalla, and tourism infrastructure at Vashisht rate ASI Kullu and Hadimba Temples, Manali tourist entry check posts improvements and strengthening access road with parking and tourism infrastructure at Solang Nalla Manikaran, Re-development of temple river frontage 45.00 1.00 NCB Item DoT&CA Kullu including tourism infrastructure and street rate paving. Seobag, Kullu Basic infrastructure for river island park 25.20 0.56 NCB Turn DoT&CA including pedestrian bridge, lighting and key parking Lahaul & Spiti Conservation of forts & monasteries with 105.00 2.33 NCB Item DoT&CA and Kinnaur provision of visitor amenties and rural rate Districts tourism interpretation centres (Sangla, Labrang, Moorang, Nako, Tabo, Dhankar, Kye, Sungra, Chango, Hango, Sunnam, Pooh, Lalung, Udaipur, etc.)

Naggar, Kullu Development of Heritage Trail from Fort 6.03 0.13 NCB Item DoT&CA to Tripura Sundri Temple, inc. provision rate of crafts Haat and heritage building conservation Great Redevelopment of visitor interpretation 15.00 0.33 NCB Item Forest Himalayan and training center at the Range Head rate Department National Park Quarters at Srai Ropar & Erosion Eco-zone, Kullu protection of village and trekking trails (300km) Interpretation & training Centre for 55.00 1.22 NCB Turn HP Institute of Himalayan Culture & Adventure key Mountaineering Activities, Manali GHNP Eco Community eco-tourism livelihood 5.00 0.11 NCB Item Forest Dept Zone, Kullu development rate Eastern Circuit Development of community lodging 60.00 1.33 NCB Item DoT&CA facilities in eastern Tourism circuit area. rate Sub Total 473.23 10.52 Shimla Heritage Route Sangla, Kinnaur Access road improvements (4km) to 22.50 0.50 NCB Item PWD Sangla Fort and local villages rate Sirmaur District Beautification & development of Renuka 65.00 1.44 NCB Item DoT&CA lake & Improvement of visitor parking at rate Triokpur Shimla Town Beautification and restoration of Mall 200.00 4.44 NCB Item Shimla MC heritage buildings from Lift to Chaura rate Maidan Shimla Town Conservation plan and restoration of 50.00 1.11 NCB Item Shimla MC & Nabha Estate / Royal Hotel and rate DoT&CA surrounding area with restoration of hillside walking paths Narkanda, Eco-Tourism at Narkanda & Tannu 5.54 0.12 NCB Item Forest Dept Shimla Jubber Lake rate Shimla Town Construction of Tourist Reception Centre 137.60 3.06 NCB Turn Shimla MC with multi-tier parking for 220 cars key 480.64 10.68 Great Hindustan Highway Eastern Circuit Heliports at Shimla, Sarahan, Sangla, 173.00 3.84 NCB Turn DoT&CA Recong Peo, Manali, Keylong and Tabo key Sarahan, Tourist parking facilities near temple 22.50 0.50 NCB Turn DoT&CA Shimla complex key Rekong Peu, Car parking, bus rain shelters in town 50.50 1.12 NCB Item DoT&CA Kinnaur centre; amphitheatre and landscaping of rate Kala Munch Eastern Circuit Provision of Circuit Tourist Information 67.50 1.50 NCB Turn DoT&CA System and Centers. key Rampur Conservation plan and restoration of 20.00 0.44 NCB Item Rampur MC heritage buildings (e.g. post office, town rate hall) Kannam & Upgradation of village infrastructure and 90.00 2.00 NCB Item DoT&CA & Rekong Peu, providing of visitor infrastructure and rural rate District Adimin Kinnaur tourism interpretation centres in Kamru, Chikul and Kalpa. Conservation of Kannam monastery and providing of visitor amenties and rural tourism and Tribal culture interpretation centre and handicraft centres Kinnaur District Eco-Tourism of Sangla Valley / Kilba 8.32 0.18 NCB Item Forest Dept Forest Range rate Kinnaur District Eco-Tourism of Nako Lake / Kinnaur 11.37 0.25 NCB Item Forest Dept Forest Range rate 45

Kinnaur District Eco-Tourism of Chaka Kanda/Kalpa 8.97 0.20 NCB Item Forest Dept Forest Range rate Sirmaur District Restoration of Nahan Tal Gate and 10.00 0.22 NCB Item DoT&CA Chowgan rate Sub Total 462.16 10.27 Development of Tourism facilities at Naina Devi 1.73 NCB Item rate Access road 78 PWD 0.76 NCB Item rate Heliport 34 DoTCA 1.04 NCB Item Temple Trust Construction of emergency path, water & rate toilets facilities, barricades, etc. 47 0.34 NCB Item Temple Trust Service path, retaing wall and toiet block rate at bus stand 15.2

Punjab Location / Description Est. Est. Type of Asset Owned District Cost Cost ($ Contract By (Rs.Mill) Mill) Beas River Heritage Route Kanjali, Access road improvements to the Kanjali 68.0 1.5 NCB Forest Kapurthala wetland (12 KM). Item rate Sultanpur Lodhi, Upgradation of internal roads and 68.0 1.5 NCB Divisional Kapurthala pedestrianisation, with parking facilities and Item rate Commissioner development of city park along Holy Bein

Kapurthala Urgent conservation work of Jagjit palace and 65.0 1.4 NCB Divisional gardens Item rate Commissioner Kapurthala Conservation and restoration of heritage 150.0 3.3 NCB Divisional buildings: Gol kothi, Darbar hall, Moorish Item rate Commissioner mosque and civil rest house

Sultanpur Lodhi Restoration of quila gates and walls for future 50.0 1.1 NCB Divisional music academy or museum with library Item rate Commissioner facility Kanjali, Ecotourism development at Kanjali Wetland 25.0 0.6 NCB Divisional Kapurthala Item rate Commissioner Harike, Amritsar Ecotourism development at Harike Sanctuary 97.0 2.2 NCB Forest Item rate Department Harike, Amritsar Ecotourism development in the Gaggrewal 55.0 1.2 NCB Forest Forest Reserve Item rate Department Sub Total 578.0 12.8 Dera Baba Nanak Access road rehabilitation (5km) to 40 0.89 NCB PWD Gurudwara Chola Sahib & Dera Baba Nanak Item rate

Amritsar District Improved village access to Mughal Route 5 0.11 NCB PWD (Badshahi Sarak) heritage buildings Item rate Qadian, Road upgradation (12km) between 34.5 0.77 NCB PWD Gurdaspur Harchowal and Qadian Item rate Amritsar city Provision of multi-dispersed car parking 300 6.67 NCB Municipal around walled city circular road and tourist Item rate Corporation destinations

Amritsar city Circular road improvement from Chatiwind 150 3.33 NCB Municipal Chowk via Hall Gate, Khazana Gate and from Item rate Corporation Railway Station Goal Bagh Side to Hall Gate via Bhandari Bridge and Durgiana Temple

Amritsar city Development of heritage trails around 75 1.67 NCB Municipal Amritsar walled city Item rate Corporation

Western Circuit Provision of Circuit Tourist Information 67.5 1.50 NCB Tourism System and Centers. Turn key department Amritsar City Conservation and conversion of the 150 3.33 NCB Dept. Tourism, Conservation Gobindgarh Fort. Inner enclosure to house Item rate GoP multiple cultural and recreational facilities Amritsar City Development of City Museum in old Town 90 2.00 NCB Municipal Conservation Hall including visitor facilities and internal Item rate Corporatrion services Amritsar City Development and improvement of Goal Bagh 30 0.67 NCB Municipal Conservation and Rose Garden at 40 Khooh Item rate Corporation Reviving cultural traditions & customs through rural tourism in Gurdaspur district Dera Baba Nanak Development of pilgrim and tourist facilities at 50 1.11 NCB Panchayat & Gurudwara Chola Sahib & Dera Baba Nanak Item rate RDD Pandhori Dham, Integrated development of pilgrim and tourist 45 1.00 NCB Panchayats & Barth Sahib, facilities incl. street paving, drainage and car Turn key Temple Trusts Masania & parking. Kishankot

Achaleshwar Pilgrim facilities including parking, toilets, 45 1.00 NCB Temple Trust waste management and site interpretation Turn key and the SPEC centre Hargobindpur Conservation of historic buildings (Lahori 25 0.56 NCB Divisional Gate and others) visitor facilities Turn key Commissioner Qadian Conservation and up gradation of the Railway 15 0.33 NCB NR Station including visitor facilities and vehicle Turn key parking Keshopur, Development of Eco-tourism activities at 83 1.84 Forest Gurdaspur Keshopur community reserve Department Amritsar District Tourist development of Mughal Route 40 0.89 ASI and Dept (Badshahi Sarak) through conservation, Culture, GoP visitor infrastructure and site interpretation Western Circuit Development of community craft retail outlets. 75 1.67 NCB Tourism Turn key department Patiala-Fatehgarh Sahib-Ludhiana- Jalandhar Trail Patiala city Development of Heritage Route around the 55.0 1.22 NCB Tourism city Item rate dept/PWD Patiala city Restoration and development of Sheesh 55.0 1.22 NCB Department of Mahal for tourism. Item rate Culture Patiala city Stabilisation of structures and conservation of 150.0 3.33 NCB Department of Quila Mubark to facilitate conversion for Item rate Culture sustainable adaptive reuse 47

Patiala city Conservation and landscaping of Baradari 55.0 1.22 NCB PMC Gardens and Rajindra Tank with visitor Item rate facilities Patiala city Conservation and development of Mohindra 150.0 3.33 NCB Dept. Tourism / Kothi as a central Tourist Information and Item rate PMC craft centre with tourism infrastructure Patiala city Restoration and development of Archive 55.0 1.22 NCB PMC Museum for tourism. Item rate Patiala city Community based development of Moti Bagh 12.5 0.28 NCB Forest Wildlife Sanctuary eco-tourism improvements Item rate Department Fatehgarh Sahib, Conservation and Revitalization of the Aam 45.0 1.00 NCB Department of Patiala, Ludhiana Khas Bagh, Sirhind Item rate Culture & Jalandhar Sub Total 577.5 12.8

Sultlej River Heritage Route

Rupnagar town Widening and strengthening road from Skew 20.0 0.44 NCB PWD Bridge to Katli Fish Farm and access track Item rate from Sutlej River Bank to Ropar-Nurpur Bedi Road Eastern Circuit Tourist route and information signages 30.0 0.67 NCB PWD Item rate Eastern Circuit Improved village access to Mughal Route 20.0 0.44 NCB PWD (Badshahi Sarak) heritage buildings Item rate Rupnagar town Tourist development of Maharaja Ranjit Singh 60.0 1.33 NCB Tourism dept / Bagh plus restoration of canal rest house and Item rate Irrigation improvements to canal head works and Katli Dept./PWD Fish Seed Farm with canal and riverside walks including interpretation centre and pedestrianisation of Sirhind canal bridge. Eastern Circuit Provision of Circuit Tourist Information 68.0 1.51 NCB Tourism dept System and Centers. Turn key Rupnagar District Anandpur Sahib, renovation and 25.0 0.56 NCB Tourism improvement of Shri Guru Teg Bahadur Sikh Item rate dept/PWD museum and old haveli Baba Suraj Mal Ji Rupnagar, renovation of Archeological 55.0 1.22 NCB TD/ASI Museum and development of an Indus Valley Item rate Cultural Heritage Experience Chhat Bir Zoo, Expansion of visitor infrastructure and wildlife 115.0 2.56 NCB Forest & Mohali enclosures Item rate Wildlife Dept. Mohali district Development of Eco-tourism at Mizapur- 52.0 1.16 NCB Forest Siswan Forest and Jayantimarajri-Kasoli Item rate Department adventure tourism Rupnagar district Development of Eco-tourism trail route from 11.0 0.24 NCB Forest Rupnagar to Kanpur Khui Item rate Department Tourist development of Mughal Route 50.0 1.11 NCB ASI and Dept (Badshahi Sarak) through conservation, Item rate Culture, GoP visitor infrastructure and site interpretation Eastern Circuit Development of community craft retail outlets. 70.0 1.56 NCB Tourism Turn key department

Uttarakhand Ref. Location / Description Est. Est. Type of Asset District Cost Cost ($. Contract Owned By (Rs. mill) mill) Yamuna Valley Heritage Route 1 Lakhamandal, Improvement to 5km access road from NH123 to 30.00 0.667 NCB PWD Dehradun village. Item rate 2 Chakrata, Improvement to 15 km access road from Chakrata 90.00 2.000 NCB PWD Dehradun to Deoban signages and tourist information. Item rate 1 Asan Development of tourism infrastructure including 26.00 0.578 NCB DoT / DoF Barrage, water, lighting, toilets, drainage, sewerage Item rate Dehradun treatment & SWM, jetty, electric boats, parking, signage, campsites, landscaping, etc.

2 Lakhmandal, Community-based village infrastructure 22.50 0.500 NCB Panchayat Dehradun improvements (water supply, sanitation, solid Item rate / ASI waste management and pathways). 3 Deoban, Landscaping, restoration of view point with 90.00 2.000 NCB DOT Chakrata, provision of a shelter, benches, and interpretative Item rate Dehradun materials plus provision of SWM and parking

4 Tiger Falls, Visitor Facilities at Tiger Falls to include 22.50 0.500 NCB DOT Chakrata, development of a tourism master plan and Item rate Dehradun management plan for the falls and its vicinity including associated village/s.

5 Yamuna Provision of Circuit Tourist Information System 67.50 1.500 NCB Tourism Circuit and Centers. Turn key dept 6 Asan Tourism management plan for the Bird Sanctuary 50.50 1.122 NCB DOT/ Barrage, protection infrastructure including interpretation Turn key Forest Dehradun center, trails, boardwalks and observation hides 7 Lakhamandal, Conservation and tourist management plan; 45.00 1.000 NCB DOT/ Dehradun construction of improved visitor facilities, parking, Turn key Forest village market place, and public toilets. 4 Mussourie, Everest Cottage: Integrated conservation and 50.00 1.111 NCB DOT/ Dehradun tourism plan for the nature and educational zone. Item rate Forest 5 Mussourie, City Museum and Heritage Trail (Mall and Landor) 70.00 1.556 NCB MC Dehradun Turn key 6 Asan Local communities participation in the supply of 22.50 0.500 NCB DOT/ Barrage, goods and services to tourists at the site Item rate Forest Dehradun 7 Lakhamandal, Development of community operated & 45.00 1.000 NCB DOT Dehradun maintained cultural heritage and adventure Item rate tourism activities Sub Total 631.50 14.03 Tonse River Adventure Trail 1 Mori, Development of Mori-Tuini / Tons River / Govind 50.00 1.111 NCB DOT/ Uttarkashi NP as a nature / adventure tourism destination Item rate Forest 2 Hanol & Improvements to 100km of the ‘Trans Himalayan 200.00 4.444 NCB PWD Purola, Circuit’ road from Naugaon via Mori and Tiuni to Item rate Uttarkashi Arakot including signage and tourist information. 49

3 Mori, Hanol Region Temple -Restoration 50.00 1.111 NCB Temple Uttarkashi Item rate committees

Sub Total 300.00 6.67 Southern (Corbett) Circuit Output 1: Enhanced Tourist Access and Connectivity 1-4 Corbett NP, Improvements to village tracks and pathways for 144.00 3.200 NCB Panchayat Buffer Zone 12 villages (24 km) including direction signage Item rate / Forest Dept. 5 Corbett NP, Landsdowne - Rathwadab Forest Road 270.00 6.000 NCB PWD/Fore Pauri upgradation (15 km WBM) Item rate st 6 Corbett NP, Provision of tourist information signage and way- 40.00 0.889 NCB DoT Pauri side facilities on northern access route (110km) Item rate from Kotdwar to Marchula via Banja Devi

Output 1 : Sub-Total 454.00 10.089 Output 2: Enhanced Tourist Destination Urban Environment and Tourist Support Facilities and Services 7- Corbett NP, Community-based village infrastructure 267.00 5.933 NCB Panchaya 18 Buffer Zone improvements (12 villages) including water, Item t sanitation, waste management and solar powered rate electric animal fencing around villages.

19- Corbett NP, Information, Parking, Public Conveniences, waste 250.00 5.556 NCB Town 23 Buffer Zone management, Cafeteria, Solar lighting, access Item Panchaya arrangements in the five towns rate t

Output 2 : Sub-Total 517.00 11.489 Output 3: Enhanced Protection and Management of Natural and Cultural Tourism Asset 24 Landsdowne Landsdowne Tip-n-Top site development, 10.00 0.222 NCB GMVN landscaping and campsite (1Ha) to assist PPP Turn key 25 Corbett NP, Biodiversity Conservation, Protection and 17.40 0.387 NCB Forest Buffer Zone Rehabilitation in Tiger Reserve to include open Turn key access at Khara, Kotdwar, Vatanvasa, Rathvadhavb, and Khadvasi. Wireless Connectivity to all gates. Elephant/Bullock cart tourist transport with GPS. Upgradation of Visitor information centre at 5 entry points with audio visual equipment. Interpretation centres at two entry points on the northern side.

26 Corbett - Jim Corbet Heritage Trail… based on the 20.00 0.444 NCB Kathgodam- publication ‘Walking with Corbett’- Choti Haldwani. Turn key Kaladungi

Output 3 : Sub-Total 47.40 1.053 Output 4: Enhanced Participation in Tourism by Local Communities and the Private Sector 27- Corbett NP, Assisting community clusters to (i) engage directly 45.00 1.000 NCB DOT / 38 Pauri in servicing tourism activities plus production and Item DOF sale of handicraft, and (ii) to partner with outside rate private sector interests in the development and operation of eco-lodges and eco-tour activities Output 4 : Sub-Total 45.00 1.000 Million

Southern (Corbett) Circuit Total 1063.40 23.631 Million Himalayan Landscape Route

Protection of the Pilgrimage and Village Cultural 90.00 2.000 NCB Jageshwar, Heritage Landscape at Jageshwar Item ASI / 1 Almora rate KMVN Amelioration Naukuchiyatal lake ecosystem 90.00 2.000 NCB Item 2 Nainital District rate PHED Development of Naukuchiyatal-Haripura-Saat Taal 150.00 3.333 NCB lake tourist circuit Item 3 Nainital District rate KMVN Community Based Tourism activities 50.00 1.111 NCB Item 4 Bindsar rate UTDB Sub Total 380.00 8.44

Gateway to Himalayan Adventure Trek trail Pithoragarh to Chandak (3 Kms) and 5.00 0.111 NCB Pithoragarh viewpoint Item Municipali 1 town rate ty Signages, Road Side Amenties 50.00 1.111 NCB Almora - Item 2 Pithoragarh rate PWD Mostamanu & Landscaping/Floriculture works to develop as a 10.50 0.233 NCB Temple Golu Devta, picnic spot plus basic infrastructure (water, Item Committe 3 Pithoragarh Sanitation and Solid Waste) rate es Tourist Infrastructure for pilgrim and para gliding at 45.00 1.000 NCB Temple Chandika, Chandika Item Committe 2 Pithoragarh rate es Creating artificial Lake at Tarkot with tourist 50.00 1.111 NCB reception centre, walkways and seating. Item 4 Pithoragarh rate KMVN Creating artificial Lake at Rai with provision of 150.00 3.333 NCB tourist reception centre, walkways and seating. Item 3 Pithoragarh rate KMVN Improvements at Naina Saini, Daulchina (between 30.00 0.667 NCB Bindsar and Jageshwar) Item 5 Pithoragarh rate KMVN Provision of Circuit Tourist Information System and 67.50 1.500 NCB Kumaon & Centers. Item Tourism 4 Corbett Circuits rate dept Fort conservation - Stabilization, ramparts, lighting 45.00 1.000 NCB Pithoragarh and interpretation centre plus one village fort Item 6 town (Chaisar-community based) rate KMVN Development of eco trail from Panchayat dak 15.50 0.344 NCB bungalow to Forest rest house Item 7 Pithorgarh rate UTDB Development of Pithoragarh as an adventure 67.31 1.496 NCB Pithoragarh tourist destination Item 6 District rate UTDB Development of Eco-Commnity Base Camp 90.00 2.000 NCB Chedda, Facilities at Chedda, Pithoragarh Item 8 Pithoragarh rate UTDB Development of Rural Tourism - Berinag 90.00 2.000 NCB Berinag, Item 7 Pithoragarh rate UTDB Sub Total 715.81 15.91

Tamil Nadu Location / District Description Est. Cost Type of Agency Asset (Rs. mill) Contract Owner The Navagraha Circuit 1 Navagrahas, Thanjavur Improving city roads, sanitation and drainage plus tourism infrastructure and 268.1 5.96 NCB Item rate ULB parking with children's park at Arulmighu Naganathaswamy temple and other Temples 2 Thanjavur District Development of gateway to Suriyanar Koil temple, improved parking and 26 0.58 NCB Item rate ULB drainage with tourism infrastructure and signs on Navagraha temple circuit 3 Poompuhar, Nagapattinam Revitalisation of Tourist Park, landscaping, footpaths, sanitation and drainage, 80 1.78 NCB Item rate DoT lighting and parking 4 Nagapattinam beach, Redevelopment of tourist facilities inc. lighting, children park, amphitheatres, 50 1.11 NCB Item rate ULB Nagapattinam jogging lane, walking way and parking 5 Coastal Circuit Provision of Circuit Tourist Information System and Centers. 67.5 1.50 NCB Turn key DoT 6 Tiubuvanam, Tiruvarur; Agriculture and Handicrafts Village Rural Tourism Projects 84 1.87 NCB Item rate DOT Rasipuram, Salem & Karikiri, Vellore 7 Coastal circuit Arts and Culture Village Rural Tourism Projects at:Chetupattu, Kanchipuram; 83 1.84 NCB Item rate DOT Jamunamaruthur, Tiruvannamalai; Azhargarkoil & Nilakotti, Madurai; & Kariyalur, Villapuram 8 Nagapattinam District a) Access road along Uppan River embankment and parking behind 56 1.24 NCB Item rate PWD Tranquebar fort with bus stop on ECR, and b) access road improvement (1km) to marriage hall at Arulmigu Swedaraneeswarar Swamy temple, Raggopuram Sub Total 714.6 15.88 The Pallava Heritage 1 Mallamampuram, Mallamampuram Town and vicinity urban and tourist support facilities, 170.0 3.78 DOT/ Kanchipuram interpretation centre and development of other lake based attractions ASI/PWD 2 Vittalpuram, Kanchipuram Heritage Village Rural Tourism Project 25.0 0.56 DOT 3 Coastal circuit Arts and Culture Village Rural Tourism Projects at:Chetupattu, Kanchipuram; 85.0 1.89 State ASI Jamunamaruthur, Tiruvannamalai; Kariyalur, Villapuram 4 Kanchipuram Dist Improvements to Mutukkadu Boating Area 25.0 0.56 DOT Sub Total 305.0 6.8

Location / District Description Est. Cost Est. Cost Type of Agency (Rs. mill) (Rs. mill) Contract The Southern Wildlife Trail 1 Manimuthar, Tirunelveli Strengthening access road outside KMTR (6.4Km) including footpaths and street 55.00 1.22 NCB Item rate PWD lighting inside Manimuthar panchayat. 2 Manimuthar, Tirunelveli Strengthening access road inside KMTR from Manimuthar Dam to Falls from 65.00 1.44 NCB Item rate Forest (7Km) Dept. / PWD 3 Agasthiyar water falls, Development and beautification of Agasthiyar water falls including development 18.00 0.40 NCB Item rate Forest Thirunelveli of tourism infrastructure Dept. 4 Manimuthar, Tirunelveli Development of Tourist facilities at ecological park cum below Manimuthar Dam 40.00 0.89 NCB Turn key PWD 51

Location / District Description Est. Cost Est. Cost Type of Agency (Rs. mill) (Rs. mill) Contract 5 Nava Thirupathi, Thirunelveli Development of tourist facilities at Nava Thirupathi temple including approach, 60.00 1.33 NCB Item rate HRCE and rest sheds and parking Panchayat 6 Thiruchendur, Thoothukkudi Development of entry gateways and signs plus pilgrim infrastructure including 30.00 0.67 NCB Item rate HRCE and rest sheds, water supply, toilets, site lighting and landscaping Panchayat 7 Southern Circuit Circuit-based Tourist Information System Development 70.00 1.56 NCB Turn key DoT. 8 Manimuthar, Tirunelveli Ecotourism development of Kalakad Mundanthurai Tiger Reserve (KMTR) area 160.00 3.56 NCB Item rate Forest Dept 9 Navathirupathy temples, Conservation and area development of Srivaikundam temple (Sun temple) 50.00 1.11 NCB Item rate Temple Thirunelveli committee 10 Papanasam and Courtallam, Conservation of the subsidiary historic temple buildings & urban improvement 90.00 2.00 NCB Item rate Temple Thirunelveli including drainage and pedestrian bridge at Courtallam committee 11 Nellaiapper and Kanthimathi Conservation of the subsidiary historic temple buildings & urban improvement 100.00 2.22 NCB Item rate Temple temples, Thirunelveli town including drainage and site interpretation centre committee 12 Southern Tamil Nadu Southern Tamil Nadu Heritage Village Rural Tourism Project. 60.00 1.33 NCB Turn key DoT. 13 Pathamadai, Thirunelveli Support for Tourism related activity self-help groups to improve the promotion 20.00 0.44 NCB Turn key DoT. and marketing of their products Sub Total 818.00 18.18 The Pandya Circuit 1 Ramanthapuram Access to beach front at Rameshwaram, Tirupullani and Devipattinam (15 Kms) 200.00 4.44 NCB Item rate PWD 2 Azhagar Koil, Thirunelveli Development of handicraft centre with tourism infrastructure and interpretation 50.00 1.11 NCB Turn key DoT. centre 3 Rameswaram, Enhancement of tourism urban environmental infrastructure 25.00 0.56 NCB Item rate ULB Ramanathapuram 4 Rameswaram, Development of pilgrim / tourist interpretation centre 90.00 2.00 NCB Item rate HRC / Ramanathapuram DoT. 5 Devipattinam, Enhancement of tourism urban environmental infrastructure 30.00 0.67 NCB Item rate ULB Ramanathapuram 6 Chettinad, Sivagangai Enhancement of tourism urban environmental infrastructure 90.00 2.00 NCB Item rate ULB 7 Ramanathaswamy Temple Conservation of the subsidiary historic temple buildings & urban improvement 250.00 5.56 NCB Item rate Temple and Danushkodi, including drainage and site interpretation centre committee Rameswaram 8 Gulf of Mannar, Ecotourism development along coast of Gulf of Mannar. 180.00 4.00 NCB Item rate Forest Ramanathapuram Dept 9 Kombai, Theni & Agriculture and Handicrafts Village Rural Tourism Project 50.00 1.11 NCB Turn key DoT. Thadiyankudisai, Dindigul 10 Virudhunagar Srivalliputtur and southern Bird Circuit 60.00 1.33 Forest Sub Total 1025.00 22.78 53

Annex 2: Protected Areas Management

A. Community Reserve and Conservation Reserves

1. These protected area categories were first introduced in the Wildlife (Protection) Amendment Act of 2002 - the amendment to the Wildlife Protection Act of 1972. These categories were added because of reduced protection in and around existing or proposed protected areas due to private ownership of land, and land use. A case in point was the Melghat Tiger Reserve where a large area was left unprotected due to private ownership. These amendments provided a mechanism for recognition and legal backing to the community initiated efforts in wildlife protection. It provides a flexible system to achieve wildlife conservation without compromising community needs.

2. Conservation reserves and community reserves denote protected areas which typically act as buffer zones to or connectors and migration corridors between established national parks, wildlife sanctuaries and reserved and protected forests of India. Such areas are designated as conservation areas if they are uninhabited and completely owned by the Government of India but used for subsistence by communities and community areas if part of the lands are privately owned. Administration of such reserves would be through local people and local agencies like the gram panchayat, as in the case of communal forests.

3. Community reserves are the first instances of private land being accorded protection under the Indian legislature. It opens up the possibility of communally owned for-profit wildlife resorts, and also causes privately held areas under non-profit organizations like land trusts to be given protection.

1. Management of Conservation Reserve 4. Towards management of the Conservation Reserve, the State Government shall constitute a conservation reserve management committee to advise the Chief Wildlife Warden to conserve, manage and maintain the conservation reserve. The committee shall consist of a representative of the forest or Wildlife Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wildlife conservation and one representative each from the Department of Agriculture and Animal Husbandry. The Committee shall regulate its own procedure including the quorum.

2. Management of Community Reserves 5. The State Government shall constitute a Community Reserve Management Committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. The Committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wildlife Department under whose jurisdiction the community reserve is located. The Committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wildlife and its habitat in the reserve. The Committee shall elect a Chairman who shall also be the Honorary Wildlife Warden on the community reserve. The Committee shall regulate its own procedure including the quorum.

Annex 3: Generic Contract Clauses to be Integrated into Civil Contracts

1.0 GENERAL

1.1 The Contractor shall be responsible for implementation of environmental provisions outlined in the EMP, in addition to adhering to all environmental provisions in the applicable specifications for the works will be adhered to as part of good engineering practices.

1.2 All works undertaken towards protection of environmental resources as part of the EMP and as part of good engineering practices while adhering to relevant specifications will be deemed to be incidental to works being carried out and no separate payment will be made unless otherwise specified explicitly. The costs towards environmental management as per EMP unless otherwise provided as a separate head, will be deemed to be part of the BoQ of the project. The scope of works of the contractor towards the implementation of the environmental provisions shall be as follows:

(i) Abide by all existing Environmental regulations and requirements of the Government of India , during implementation; (ii) Compliance with all mitigation measures and monitoring requirements set out in the Environmental Management Plan (EMP); (iii) Submission of a method statement detailing how the subproject EMP will be complied with. This shall include methods and schedule of monitoring; (iv) Monitoring of project environmental performance and periodic submission of monitoring reports; (v) Compliance with all measures required for construction activities in sensitive areas, including Protected areas (natural tourism assets) and heritage monuments, in line with the regulatory requirements of these Protected / Heritage areas, and the guidelines set forth in the management plans for these areas;, (vi) Compliance of all safety rules at work, and Provision of adequate health and safety measures such as water, food, sanitation, personal protective equipment, workers insurance, and medical facilities.

1.3. The detailed provisions for specific environmental issues shall be as outlined in the EMP table on impacts and mitigation measures. Key clauses are outlined in the following sections.

2.0 QUARRY AND BORROWING

2.1 The contractor will identify and seek prior approval of the engineer for quarrying and borrowing operations. Quarry and borrowing will be carried only from locations approved by the engineer. Quarrying, if required in the project will be only from approved quarries and no new quarries will be opened for the purposes of the project. Any deviation from the provisions will be immediately notified and approval of the engineer is to be sought.

2.2. The Contractor shall maintain all borrow sites, stockpiles, and spoil disposal areas so as to assure the stability and safety of the works and that any adjacent feature is not endangered, and to assure free and efficient natural and artificial drainage, and to prevent erosion. Stockpiling of materials (topsoil, fill material, gravel, aggregates, and other construction materials) shall not be allowed during rainy season unless covered by a suitable material.

Storage on private property will be allowed if written permission is obtained from the owner or authorized lessee.

2.3. Borrow areas and quarries shall be sited, worked, and restored in accordance with the specifications. Spoils shall be disposed of at approved disposal sites prepared, filled, and restored in accordance with the related specification requirements.

2.4. Following excavation for the works, the Contractor shall take all steps necessary to complete drainage and slope protection works in advance of each mining season. Erosion or instability or sediment deposition arising from operations not in accordance with specifications shall be made good immediately by the Contractor at the Contractor’s expense. The Contractor shall take all steps necessary to complete drainage in advance of each rainy season in the areas excavated for borrow materials.

3.0 DEBRIS DISPOSAL

3.1 The contractor will prior to start of construction and dismantling operations identify potential sites for disposal of hazardous construction debris, sites for general construction wastes and domestic wastes from construction camps. The contractor will obtain approval on identified sites from the Engineer of Supervision Consultant and disposal will be only after consent letter from the Engineer.

4.0 PRECAUTIONS FOR PROTECTION OF ENVIRONMENTAL RESOURCES

4.1 The Contractor shall ensure that construction activities do not result in any contamination of land or water by polluting substances.

4.2 Unless otherwise provided in the specifications, the Contractor shall ensure that no trees or shrubs or waterside vegetation are felled or harmed except those required to be cleared for execution of the works. The Contractor shall protect trees and vegetation from damage to the satisfaction of the Engineer.

4.3 The Contractor shall not use or permit the use of wood as a fuel for the execution of any part of the works and to the extent practicable, shall ensure that fuels other than wood are used for cooking and heating in all camps and living accommodations. Any wood so used must be harvested legally, and the Contractor shall provide the Engineer with copies of the relevant permits, if required.

4.4 The Contractor shall take all precautions necessary to ensure that vegetation existing adjacent to the project site is not affected by fires arising from the execution of the contract. Should a fire occur in the natural vegetation or plantation adjacent to the project site for any reason, the Contractor shall immediately suppress it. Areas of forest, shrub, or plantation damaged by fire considered by the Engineer to have been initiated by the Contractor’s staff or laborers shall be replanted or otherwise restored.

4.5 The Contractor shall confine operations to the dry season, use silt traps and dispose spoils in locations approved by the Engineer that will not promote instability and result in destruction of property, vegetation, irrigation and water supply. Disposal near wetlands, protected areas, and other areas that will inconvenience or deprive local residents of their livelihood shall not be allowed. Acidic and saline spoils shall not be spread into agricultural land.

4.6 The Contractor shall consult with local residents and local government before locating project offices, sheds, and construction plant. The work camps shall not be located near settlements, near drinking water supply intakes, protected areas, or wildlife habitats.

4.7 The Contractor will maintain ecological balance by preventing felling of trees, water pollution and defacing of natural landscape. The Contractor will, so conduct his cleaning operations, as to prevent any avoidable destruction, scarring or defacing of natural surroundings in the vicinity of the archaeological site. In respect of ecological balance, the Contractor will observe the following instructions.

4.8 In the conduct of cleaning activities and operation of equipment, the Contractor will utilize such practicable methods and devices as are reasonably available to control, prevent and otherwise minimize air/noise pollution.

5.0 NOISE AND AIR POLLUTION

5.1 All works will be carried out without unreasonable noise and air pollution. Subject and without prejudice to any other provision of the Contract and the law of the land and its obligation as applicable, the Contractor will take all precautions outlined in the EMP to avoid the air and noise pollution.

5.2 The Contractor shall monitor the environmental parameters periodically as specified in the monitoring plan and report to the Engineer.

5.3 The Contractor shall indemnify and keep indemnified the Employer from and against any liability for damages on account of noise or other disturbance created while carrying out the work, and from and against all claims, demands, proceedings, damages, costs, charges, and expenses, whatsoever, in regard or in relation to such liability.

6.0 OCCUPATIONAL HEALTH AND SAFETY DURING CONSTRUCTION

6.1 The Contractor shall, in accordance with the safety and health provisions specified in the EMP, provide workers with a safe and healthy working environment, in the work areas, through application of preventive and protective measures consistent with international good practice, as reflected in internationally recognized standards such as the World Bank Group’s Environment, Health and Safety Guidelines. The borrower/client will take steps to prevent accidents, injury, and disease arising from, associated with, or occurring during the course of work by: (i) Providing preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances; (ii) Providing appropriate equipment to minimize risks and requiring and enforcing its use; (iii) Training workers and providing them with appropriate incentives to use and comply with health and safety procedures and protective equipment; (iv) Documenting and reporting occupational accidents, diseases, and incidents; and (v) Having emergency prevention, preparedness, and response arrangements in place.

6.0 POST CONSTRUCTION CLEARANCE

6.1 On completion of work, wherever applicable, the Contractor shall clear away and remove from the sites all constructional plant, surplus materials, rubbish, scaffoldings, and temporary 57 works of every kind and leave the whole of the sites and works in a clean condition to the satisfaction of the Engineer.

6.2 Construction camp sites post construction shall be cleared as specified in the EMP and handed over to the Owner. It will be ensured by the contractor that the site handed over is in line with the conditions of temporary acquisition signed by both parties.