democracy and governance development objective 1 … ·...

Liberia_DRG_DO1_Porfolio_IEEA_09232015_clean 1

COVER SHEET

INITIAL ENVIRONMENTAL EXAMINATION (IEE) OR CATEGORICAL EXCLUSION

FOR DEMOCRACY, RIGHTS AND GOVERNANCE (DRG), DEVELOPMENT OBJECTIVE 1

More Effective, Accountable and Inclusive Governance Amendment #1

PROGRAM/ACTIVITY DATA: Country/Region: Liberia/West Africa Development Objective 1: More Effective, Accountable and Inclusive Governance Program/Activity Title: Democracy, Rights and Governance Portfolio Period Covered: FY2015 - FY2020 Funding Begin: October 1, 2015 Funding End: September 30, 2020 Amount: $ 270 M (est.) IEE Prepared By: Kolanah C. Sando, USAID/Liberia DRG Team Current Date: September 4, 2015 Expiration Date: September 30, 2020 IEE Amendment (Y/N): Yes DG Development Objective 1, approved May 22, 2012 LIBERIA_DG_IEE_052212 (DOCX) (PDF) ENVIRONMENTAL ACTION RECOMMENDED:

Categorical Exclusion: _x Negative Determination: _ x _ Positive Determination: ______ Deferral: ___ __ ADDITIONAL ELEMENTS:

CONDITIONS EMMP: SUMMARY OF FINDINGS: The purpose of the DRG Development Objective 1 IEE amendment is to update and provide the most current and anticipated DRG Program activities listed in Table 1, and to extend the expiry date of the IEE from FY2015 to FY2020. The goals and development corridor of the DRG portfolio remain the same. The DRG will continue to focus the majority of its activities within six of the Government of Liberia's (GOL) Development Corridors: Bong, Nimba, Grand Bassa, Montserrado, Lofa and Margibi but will also include activities that reach counties outside the Development Corridor. The DRG program will continue to be the focal point for several key issues that cut across the portfolio. The DRG portfolio will continue to manage and coordinate capacity building across all sectors to shift the focus from individual training to systems strengthening in line ministries. In addition, it will spearhead the Mission’s new focus on decentralization analysis and the development of a plan to move resources

http://gemini.info.usaid.gov/egat/envcomp/repository/doc/38439.docx

http://gemini.info.usaid.gov/egat/envcomp/repository/pdf/38439.pdf


and services out to the counties to promote more equitable growth. In accordance with 22CFR216, this IEE provides a review of the reasonably foreseeable effects on natural and physical environment and human health across the entire portfolio of existing, new, and proposed activities of the USAID/Liberia Development Objective 1/DRG Portfolio Program, which encompasses the projects listed in Table 1 below and provides recommended threshold decisions in some instances for all planned and foreseen activities under this DRG Development Objective 1 IEE Amendment.

Table 1. Current and Anticipated DRG Program Activities

DRG Projects/Activities and Implementing Partner LOP Funding Start Date End Date

Integrated Public Financial Management Reform Program II Multi Donor Trust Fund for Public Financial Management (IPFMRP)

$4,181,000** 23-Feb-12 22-Jun-16

Public Sector Modernization Multi Donor Trust Fund for Civil Service Reform (PSM)

$5,500,000 Feb.2015 Feb. 2019

Liberia Governance and Economic Management Support Program (GEMS) – IBI International

$49,617,941 7-Jul-11 06-Jul-16

Liberia Legal Professional and Anti-Corruption Activity (LPAC)

$20,000,000 07-17-15 07-16-20

Land Governance Support Activity (LGSA) $15,600,000 08-18-15 08-17-20 Access to Justice (A2J) $7,000,000 TBD TBD Liberia Civil Society and Media Leadership Program (CSML)

$18,318,434 Feb-2010 Nov 2015

Local Empowerment for Government inclusion and Transparency (LEGIT)

$195,975 Oct 2015 Sept 2019

Liberia Administrative and Systems Strengthening (LASS)

$4,000,000 04-27-15 29-09-17

Consortium for Elections and Political Process Strengthening (CEPPS) (LEPT)

$15,000,000 01-01-15 12-31-19

Liberia Media Development (LMD) $11,000,000 TBD TBD

Liberia Accountability and Voice Initiative (LAVI)

$19,000,000 TBD TBD

Public Sector Strengthening (PSS) It is likely that the acronym for this project will change.

$21,700,000 TBD TBD

Revenue Generation for Growth and Governance (RG3)

$10,000,000 TBD TBD

E – Governance $5,800,000 TBD TBD

mSTAR $750,000 TBD TBD

Government to Government Agreement (G2G) $300,000 TBD TBD

PIO to UNDP Liberia Decentralization Support Program (LDSP)

$1,000,000 07-20-15 12-31-16

PFM II Multi Donor Trust Fund (MDTF) $4,000,000 TBD TBD

Elections Observation Mission $1,000,000 TBD TBD


World Bank Land Governance Multi Donor Trust Fund (MDTF)

$3,000,000 TBD TBD

** This amount was corrected to provide the actual LOP Funding

$216,963,350

For the purposes of environmental review, current and anticipated activities in the DRG portfolio are grouped into the following classes of activities:

1. Financial management, policy, legislative, and related government capacity support ALL including: IPFMRP, GEMS, LASS, RG3, LPAC, LEGIT, PSS, eGov, LEPT, A2J, LGSA, LDSP, PFM II mStar, PSM

2. Capacity building for strengthened civil society and social accountability LAVI, A2J, LPAC, LMD, LEPT, CSML, LGSA, RG3, eGov

3. Alternative dispute resolution training and development A2J, LPAC, LGSA, LAVI

4. Public information campaigns ALL including: LEPT, A2J, CSML, RG3, LEGIT, LMD, LAVI, LPAC, LGSA, LDSP, mStar, eGov, PSM

5. Assistance toward improved utilization of information technology ALL including: LASS, LEPT, LPAC, CSML, eGov, mStar, IPFMRP, GEMS, PFM II, PSM

6. Review, assessment, and evaluation activities (including methodology pilots and special studies) ALL including: LASS, LEPT, mStar, Int’l Obs, LGSA, RG3, PSM

7. Small-scale refurbishment activities CSML, LEGIT, LGSA, RG3, LDSP, LMD

Each class of activities includes a number of activities specific to project(s) within the DRG portfolio (current and planned activities). The tables below provide the environmental determinations (and conditions, where applicable) per class of activity recommended under this IEE. Recommended Determinations and Conditions 1. Financial management, policy, legislative, and related government capacity support Implementing mechanisms may include: All including IPFMRP, GEMS, LASS, RG3, LPAC, LEGIT, PSS, eGov, LEPT, A2J, LGSA, LDSP, PFM II mStar

Recommended Determination

• Technical assistance, input, and guidance

toward improved financial management including but not limited to fiscal reporting, standards, budgeting capacities for enhanced budget credibility, improved security for payroll system, a fully functioning modern accounting system.

Categorical Exclusion per

§216.2(c)(2)(i) The action does not have an effect on the natural or physical environment

• Install payment systems to decrease the opportunity for fraud and strengthened cash management, strengthening of revenue mobilization




2. Capacity building for strengthened civil society and social accountability Implementing mechanisms may include: LAVI, A2J, LPAC, LMD, LEPT, CSML Recommended Determination

• Training , capacity building, technical assistance, and advising on business and financial management, planning, procurement procedures, policies, and regulations

Categorical Exclusion per §216.2(c)(2)(i) The action does not have an effect on the natural or physical environment

• Technical assistance for CSO’s to engage in disseminating civic and voter education and conducting oversight of key government processes process


• Train partner CSOs in areas included but not limited to financial management, administration, fund-raising, networking, increase peer-to-peer capacity building.


• Establish web-based content sharing site Categorical Exclusion per §216.2(c)(2)(i) The action does not have an effect on the natural or physical environment

3. Alternative dispute resolution training and development

Implementing mechanisms may include: A2J, LPAC, LGSA Recommended Determination

• Provide alternate dispute resolution training to traditional leaders


• Training and technical assistance toward building the capacity of national and key county level GOL officials.



• Training, capacity building, technical assistance, and advising on policy, legislative, and related government capacity support

Negative Determination pursuant to 216.3(a)(2)(iii) is recommended for this component subject on the condition that:

1) Policy support and training for the GOL in land governance must integrate or otherwise reflect current data and analysis on environmental trends, including principles of sustainable NRM and GCC adaptation strategies. Data and analysis may be drawn from USAID, other bilateral donor agencies, International Financial Institutions, Multilateral Development Banks, or other internationally recognized research or development entities.


• Train community legal advisors to assist communities manage and solve local level disputes


• Develop dispute resolution entities to provide legally recognized ADR services


4. Public information campaigns

Implementing mechanisms may include: All acitivites including LEPT, A2J, CSML, RG3, LEGIT, LMD, LAVI, LPAC


• Information campaigns using methods including, but not limited to radio, community drama groups, television, movies, SMS, and social media to engage Liberians on key issues



• Educate the citizenry about their rights and new laws and conduct civic education on new policies



• Provide civic and voter education and encourage citizen participation in the political process, including constitutional and legal reform and raise awareness of land rights issues and provide information on ADR mechanisms



5. Assistance toward improved utilization of information technology

Implementing mechanisms may include: ALL activities including LASS, LEPT, LPAC, CSML, eGov, Mstar, IPFMRP, GEMS


• Wireless services and assistance to targeted ministries and agencies to utilize IT more effectively and implement a cell-phone based free content sharing applications to disseminate news and public information



• Scale-up e-payments Categorical Exclusion per


• Create and implement cell-phone based free content sharing applications to disseminate news and public information



6. Review, assessment, and evaluation activities (including methodology pilots and special studies)


Implementing mechanisms may include: All activities including LASS, LEPT, Mstar, Int’l Obs Recommended Determination

• Reviews of fiscal policy and the PFM legal framework. Task Force and ADR “best practices” and “lessons learned”


§22CFR216.2(c)(2)(iii), for activities involving analysis, studies, academic or research, workshop and meetings

• Post-election assessment and evaluation of NEC performance to inform programming interventions and public attitudes about political processes, political parties, government effectiveness and corruption



• Institutional and capacity assessments of each institution to identify and prioritize areas for intervention



7. Small-scale refurbishment activities Implementing mechanisms may include: CSML, LEGIT, LGSA, RG3, LDSP, LMD

Recommended Determination and Conditions

a) Facilitate discussions to

develop community priorities. Small-scale renovation/construction (total surface areas disturbed is less than 1000 m2) of locally agreed upon projects based on community prioritization exercises.

Negative Determination pursuant to 216.3(a)(2)(iii) is recommended for this component subject on the conditions that: 1. Good practice design standards. Good practice design

standards must be implemented for renovation works generally consistent with USAID’s Sector Environmental Guidelines (construction chapter) at http://www.usaidgems.org/sectorGuidelines.htm. At a minimum, (1) During renovation, prevent sediment-heavy run-off from cleared site or material stockpiles to any surface waters or fields with berms, by covering sand/dirt piles, or by choice of location. (Only applies if renovation occurs during rainy season.); (2) Renovation must be managed so that no standing water on the site persists more than 4 days; (3) Implementing Partners (IPs) must require their general contractor to certify that it is not extracting fill, sand or gravel from waterways or ecologically sensitive areas, nor is it knowingly purchasing these materials from vendors who do so; (4) IPs must identify and implement any feasible measures to increase the probability that timber is procured from legal, well-managed sources.

b) Renovation/refurbishment of GOL offices, especially in counties.

http://www.usaidgems.org/sectorGuidelines.htm


Implementing mechanisms may include: CSML, LEGIT, LGSA, RG3, LDSP, LMD


2. No complicating factors. The site is not within 30m of a permanent or seasonal stream or water body, will NOT involve displacement of existing settlement/ inhabitants, has an average slope of less than 5% and is not heavily forested or in an otherwise undisturbed local ecosystem.

3. Asbestos. If the presence of Asbestos is suspected in a facility

to be renovated, the facility must be tested for asbestos before rehabilitation works begin. Should asbestos be present, then the work must be carried out in conformity with host country requirements, (if any) and in conformity with guidance to be provided by the MEO, in consultation with the REA. All results of the testing for asbestos shall be communicated to the C/AOR.

4. Paint. No lead-based paint shall be used, when lead-free paint

is used, it will be stored properly so as to avoid accidental spills or consumption by children; empty cans will be disposed of in an environmentally safe manner away from areas where contamination of water sources might occur; and the empty cans will be broken or punctured so that they cannot be reused as drinking or food containers.

5. For construction/rehabilitation of facilities in which total surface

area disturbed is more than 1000 m2 or in the presence of complicating factors (defined in bullet 2),

• The formal AFR subproject/subgrant review process, as

set out by the AFR Environmental Review Form (available at http://www.usaidgems.org/Documents/ComplianceForms/AFR/AFR-EnvReviewForm-20Dec2010.doc) must be completed and approved by the COR/AOR, MEO and REA prior to construction.

• The IP must assure implementation of any mitigation and monitoring conditions specified by the approved ERF;

• The environmental management conditions established by the ERF process must be generally consistent with the conditions for “very small scale construction” enumerated immediately above and, at minimum, consistent with achieving a “no issues” result under application of the ENCAP Visual Field Guide for Small-Scale Construction. (www.usaidgems.org/Documents/VisualFieldGuides/ENCAP_VslFldGuide--Construction_22Dec2011.pdf

http://www.usaidgems.org/Documents/ComplianceForms/AFR/AFR-EnvReviewForm-20Dec2010.doc


http://www.usaidgems.org/Documents/VisualFieldGuides/ENCAP_VslFldGuide--Construction_22Dec2011.pdf





6. For rehabilitation/construction that includes small-scale sanitation infrastructure (total investment in a given community of less than $250,000), Good-practice design standards must be implemented for new construction and rehabilitation works, generally consistent with USAID’s Sector Environmental Guidelines: Water Supply & Sanitation: http://www.usaidgems.org/Sectors/watsan.htm. These standards must be specified in the EMMP and include provisions to prevent contamination of water supplies, appropriate choice of latrine type given local environmental conditions (e.g. improved pit latrines are rarely suitable in locations where the water table is high), provision of handwash stations, and development and implementation of a system for ongoing latrine cleaning and maintenance.

7. Potential water supply activites, development and rehabilitation of water points, and the like. Consistency with USAID Sector Environmental Guidelines. The content of the training and capacity building must be consistent with the good-practice guidance of USAID’s SectorEnvironmental Guidelines (agriculture and irrigation; construction; and water and Sanitation Chapters; http://www.usaidgems.org/sectorGuidelines.htm).

8. Also, a Water Quality Assurance Plan (WQAP) must be

prepared for secteach scenario to address the individual circumstances at each site.

9. Capacity building in equipment/system maintenance must be

co-programmed with construction/installation of small-scale sanitation infrastructure.

10. Operations. Where USAID does not have operational responsibility, the IP must work with the responsible party to develop a practical environmental management protocol and maximize the probability that it will continue to be implemented after project hand-off.

General Restrictions (reproduced verbatim from section 4.1 of the IEE)

1. GMOs/LMOs: For purposes of compliance with USAID procedures, genetically modified organisms (GMOs) or living modified organisms (LMOs) are defined as “living organisms modified by genetic engineering techniques” and include, for example, plants, micro-organisms, live animal vaccines (if used outside a contained area and not approved in the US), animals, and insects.

http://www.usaidgems.org/Sectors/watsan.htm



This IEE does not authorize support for laboratory- or field-based research involving GMOs/LMOs, nor does it authorize support for multiplication or dissemination upon release of GMOs/LMOs. Support for laboratory research involving GMOs/LMOs in contained facilities would require an approved amendment to this IEE. Support for field testing or open release of GMOs/LMOs would require successful review under USAID’s Biosafety Procedures (see: www.encapafrica.org/meo_resources/Biosafety_5Feb2010.pdf) followed by an approved IEE amendment. Liberian national requirements must be met in either case.

2. Pesticides. This IEE does not authorize support for pesticide procurement and/or use. All activities that fall outside of the category of controlled experimentation exclusively for the purpose of research and field evaluation and entail the procurement and/or use of pesticides would require a Pesticide Evaluation Report and Safer Use Action Plan (PERSUAP) conducted in accordance with USAID Pesticide Procedures (22 CFR 216.3(b)). Support for activities involving the procurement and/or use of pesticides would require an approved amendment to this IEE and a successful review of a PERSUAP submitted in accordance to 22 CFR 216.3(b). No funds shall be obligated or expended for the procurement or use of pesticides under this IEE.

General Project Implementation and Monitoring Requirements In addition to the specific conditions enumerated in Section 3, the negative determinations recommended in this IEE are contingent on full implementation of the following general monitoring and implementation requirements:

1. IP Briefings on Environmental Compliance Responsibilities. The DRG team shall provide each implementing partner (IP) with a copy of this IEE. Each IP shall be briefed on their environmental compliance responsibilities by their COR/AOR. Such briefings will identify the IEE conditions applicable to each IP’s activities.

2. Development of an EMMP. Each IP whose activities are subject to one or more conditions set out in Section 3 of this IEE shall develop and provide to the COR/AOR for review and approval an Environmental Mitigation and Monitoring Plan (EMMP) that clearly documents how their project will implement and verify all IEE conditions and mitigation measures that apply to their activities. These EMMPs shall identify how the IP will ensure that IEE conditions that apply to activities supported under sub-contracts and sub-grants are implemented. In the case of large sub-grants or sub-contracts, the IP may elect to require the sub-grantee/sub-contractor to develop their own EMMP. A sample EMMP format is included as ANNEX A to this IEE.

3. Integration and implementation of EMMP. Each IP shall integrate their EMMP into their project work plan and budgets, implement the EMMP, and report on its implementation and findings as an element of regular project performance reporting. IPs shall ensure that sub-contractors and sub-grantees integrate implementation of IEE conditions, where applicable, into their own project work plans and budgets, and report on their implementation and findings as an element of sub-contract or grant performance reporting.

4. Integration of compliance responsibilities in prime and sub-contracts and grant agreements.

http://www.encapafrica.org/meo_resources/Biosafety_5Feb2010.pdf


a. The DRG team leader shall ensure that any future contracts or agreements for implementation of a project, and/or significant modification(s) to current contracts/agreements shall reference and require compliance with the conditions set out in this IEE, as required by ADS 204.3.4.a.6 and ADS 303.3.6.3.e.

b. IPs shall ensure that future sub-contracts and sub-grant agreements, and/or significant modification(s) to existing agreements reference and require compliance with relevant elements of these conditions.

5. Assurance of sub-grantee and sub-contractor capacity and compliance. IPs shall ensure that

sub-grantees and sub-contractors have the capacity to implement the relevant requirements of this IEE. The IP shall, as and if appropriate, provide training to sub-grantees and sub-contractors in their environmental compliance responsibilities and in environmentally sound design and management (ESDM) of their activities.

6. DRG Team monitoring responsibility. As required by ADS 204.3.4, the DRG team will actively monitor and evaluate whether the conditions of this IEE are being implemented effectively and whether there are new or unforeseen consequences arising during implementation that were not identified and reviewed in this IEE. If new or unforeseen consequences arise during implementation, the team will suspend the activity and initiate appropriate further review in accordance with 22 CFR 216. USAID monitoring activities shall include regular site visits.

7. New or modified activities. As part of its work plan and all annual work plans thereafter, IPs, in collaboration with their COR/AOR, shall review all on-going and planned activities to determine if they are within the scope of this IEE. If any IP adds new activities or makes substantial modifications to existing activities, an amendment to this IEE addressing these activities shall be prepared for USAID review and approval. No such new activities shall be undertaken prior to formal approval of this amendment. Any ongoing activities found to be outside the scope of the approved Regulation 216 environmental documentation shall be halted until an amendment to the documentation is submitted and written approval is received from USAID.

8. Compliance with Host Country Requirements. Nothing in this IEE substitutes for or supersedes IP, sub-grantee, and sub-contractor responsibility for compliance with all applicable host country laws and regulations. The IP, sub-grantees, and sub-contractors must comply with host country environmental regulations unless otherwise directed in writing by USAID; however, in case of conflict between host country and USAID regulations, the latter shall govern.


INITIAL ENVIRONMENTAL EXAMINATION (IEE) FOR DEMOCRACY, RIGHTS AND GOVERNANCE (DRG) DEVELOPMENT OBJECTIVE 1

More Effective, Accountable and Inclusive Governance PROGRAM/ACTIVITY DATA: Country/Region: Liberia/West Africa Development Objective 1: More Effective, Accountable and Inclusive Governance Program/Activity Title: Democracy, Rights and Governance Portfolio Functional Objective: Strengthening Governance and the Rule of Law Period Covered: FY2015 - FY2020 Current Date: September 4, 2015 1.0 BACKGROUND AND ACTIVITY/PROGRAM DESCRIPTION 1.1 Purpose and Scope of IEE

The purpose of this IEE amendment, in accordance with 22CFR216, is to provide the first review of the reasonably foreseeable effects on the environment, as well as recommended Threshold Decisions, of each activity within the portfolio of existing, new, and proposed activities of the USAID/Liberia Democracy, Rights and Governance pillar managed by the DRG Team. Development Objective 1: More Effective, Accountable and Inclusive Governance encompasses the projects listed in Table 1 below. This IEE provides a brief statement of the factual basis for a threshold Decision as to whether an Environmental Assessment or an Environmental Impact Statement is required for the activities managed under this portfolio. Development of this single IEE for the DRG DO 1 was undertaken for organizational and programmatic reasons. Specifically, it should better enable the DRG Team to oversee environmental compliance of the DRG portfolio. In addition, this IEE sets out implementation procedures intended to assure that conditions in this IEE are translated into project-specific mitigation measures, if/as required, and to assure systematic compliance with this IEE during project/activity implementation. These procedures are themselves a general condition of approval for the IEE, and their implementation is therefore mandatory. This IEE is a critical element of a mandatory environmental review and compliance process meant to achieve environmentally sound activity design and implementation. It supersedes any other IEE currently covering the USAID/DRG Team portfolio. 1.2 Background The DRG program will continue to be the focal point for several key issues that cut across the portfolio. The DRG portfolio will continue to manage and coordinate capacity building across all sectors to shift the focus from individual training to systems strengthening in line ministries. In addition, it will spearhead the Mission’s new focus on decentralization analysis and the development of a plan to move resources and services out to the counties to promote more equitable growth. The DRG program will continue to focus majority of its activities within six of the Government of Liberia's (GOL) Development Corridors: Bong, Nimba, Grand Bassa, Montserrado, Lofa and Margibi but will also include activities that are nationwide to reach counties outside the Development Corridor.


1.2.1 Liberia’s Physical and Socio-Economic Profile

Founded in 1847, Liberia is the oldest republic in Africa. Lying on the west coast of Africa, the Republic of Liberia is bordered by Sierra Leone, Guinea, Côte d’Ivoire and the Atlantic Ocean. The latest national census, conducted in 2008 puts the population at 3,476,608 people, although recent data estimates place the Liberian population at just less than 3.8 million.1 The area of Liberia 111,369 square kilometers (43,000 sq. mi.)—96,320 square kilometers of its area is land and 15,049 square kilometers is water.

Liberia endured a prolonged civil war from 1989 to 2003, which contributed to significant internal and international displacement, along with mass impoverishment, the collapse of law and order, and ruin of public and social infrastructure, including the existing but weak water and sanitation facilities, schools, health clinics, and other structures.

The socio-economic damage inflicted by Liberia’s civil war was enormous. Commercial and productive activities were disrupted as warlords looted and vandalized the country. GDP fell by 90 percent between 1987 and 1995, one of the most massive economic collapses ever recorded. Post-war, poverty remains stubbornly high. Per capita GDP is only around U. S. $200. A Core Welfare Indicators Questionnaire (CWIQ) conducted in 2007 revealed a national poverty rate of 63.8 percent, and in spite of increased GDP growth, there are no data to indicate that rates of poverty have declined since that time. The high poverty rate is an important element in Liberia’s ranking of 162 out of 169 countries for which data are available on the 2010 Human Development Index.

• There is still a tremendous consolidation of power in the hands of the small Monrovia-based elite and the majority of Liberians perceive very few avenues for upward mobility

• Due mainly to the effects of the long civil conflict, capacity at all levels of society is dismally low

• Liberia cannot yet guarantee security to its citizens without significant international support; security sector reform is lagging and this is compounded by the fact that Liberia is within a very unstable region of Africa

• For all the improvement in the Corruption Perceptions Index rankings, corruption remains a serious problem and there is widespread belief that senior government officials are not held accountable for corrupt actions

• The land tenure system in Liberia is broken and has the potential to lead to conflict if left unresolved

1.2.2 Liberia’s Democracy, Rights and Governance Sector Profile

The general lack of capacity in government is a significant hurdle. As a result of the war, infrastructure has been demolished or looted, systems broken, and human resources lost to flight or lacking training. The basic functioning of the public administration from Monrovia to the district level is critically low. Long-term national capacity building for the civil service will remain a priority, in order to better enable the government to deliver services. The ability of the government to maintain peace and stability and to provide basic services in the long term hinges on two things: 1) the government’s capacity to raise public revenues and manage them transparently; and 2) its ability to foster an enabling environment that encourages private sector

1 July 2011 estimate. CIA World Fact Book. Accessible at https://www.cia.gov/library/publications/the-world-factbook/geos/li.html

https://www.cia.gov/library/publications/the-world-factbook/geos/li.html

https://www.cia.gov/library/publications/the-world-factbook/geos/li.html


investment and social cohesion. Social cohesion is key in this country whose people went to war with one another due largely to a legacy of exclusionary politics. Both government and civil society have a vital role to play in creating national cohesion necessary for long-term development. Capacity building for the Government of Liberia (GOL) to perform this vital function is at the heart of this development objective. The democratically-elected government of President Ellen Johnson-Sirleaf is committed to equitable growth and greater transparency and accountability in the management of resources and delivery of services. The GOL’s initial roadmap for national development, the Liberia Poverty Reduction Strategy (PRS), was developed through an inclusive and participatory process, with public consultations held in every county and district. She was re-elected in the fall of 2011, we expect these commitments to participatory development to continue.

1.3 Description of the Democracy, Rights and Governance (DRG) Program Activities DRG will focus majority of its activities within six of the Government of Liberia's (GOL) Development Corridors: Bong, Nimba, Grand Bassa, Montserrado, Lofa and Margibi but will also include activities that are nationwide to reach counties outside the Development Corridor.

Two-track approach DO1 work will continue on capacity building, institutional strengthening and system strengthening. All DRG interventions will focus on improving the performance of the government, both centrally and at the county level. Programs under IR 1.1 will directly support the GOL’s National Capacity Development Strategy in several key ministries, agencies, and commissions. Institutional strengthening will also take the form of integrating information technology into all activities to help the GOL take advantage of technology to improve management of public resources, delivery of public information, service delivery, and mobile banking.

Sustainable development underlies all our DRG programs. USAID/Liberia proposes a focused approach to governance to assist the GOL to better manage public resources toward economic growth and opportunities for a healthy, productive, and competitive population. DRG programming already includes a shift toward sustainability through the training of legal professionals within a law school and judicial training institute in Liberia. DRG also supports the government’s public service training institute toward becoming a sustainable operation by charging affordable fees and providing quality training for public servants. All DRG programs will have built-in monitoring and evaluation frameworks to determine if critical targets and benchmarks are being met.


1.3.1 Results Framework – Development Objective (DO) and Intermediate Results (IRs)

DO 1: More effective, accountable and inclusive government IR 1.1: Public Resources Managed More Transparently and Accountably

Sub-IR 1.1.1 GOL institutes and utilizes tools of prudent fiscal management Sub-IR 1.1.2 Increased public and civil society capacity to reduce corruption Sub-IR 1.1.3 Local systems for governance capacity development strengthened

IR 1.2: Improved Policies, Models, and Providers Increase Access to Justice

Sub-IR 1.2.1 Increased capacity of judicial and legal training institutions Sub-IR 1.2.2 Formal and informal systems resolve land disputes in an accepted standardized

process IR 1.3: Strengthened Capacity to Implement Election Processes

Sub-IR 1.3.1 NEC manages full election cycle with decreased technical support Sub-IR 1.3.2 Domestic CSOs conduct effective civic and voter education campaigns

IR 1.4: Civil society and media exercise their advocacy and oversight roles

Sub-IR 1.4.1 Civil society strengthened to play watchdog role Sub-IR 1.4.2 Increased accuracy and impartiality of target media

1.3.2 The DRG portfolio consists of the current and planned activities listed in the table below:

Table 1: Table of Current and Anticipated DRG Program Activities DRG Projects/Activities and Implementing

Partner LOP Funding Start Date End Date

Integrated Public Financial Management Reform Program II Multi Donor Trust Fund for Public Financial Management (IPFMRP)

$4,181,000 23-Feb-12 22-Jun-16


$5,500,000 Feb. 2015 Feb. 2019


$49,617,941 7-Jul-11 06-Jul-16


$20,000,000 07-17-15 07-16-20

Land Governance Support Activity (LGSA) $15,600,000 08-18-15 08-17-20 Access to Justice (A2J) $7,000,000 TBD TBD Liberia Civil Society and Media Leadership Program (CSML)

$18,318,434 Feb. 2010 Nov 2015


$195,975 Oct. 2015 Sept. 2019

Liberia Administrative and Systems Strengthening (LASS)

$4,000,000 04-27-2015 29-09-17


Consortium for Elections and Political Process Strengthening (CEPPS)(LEPT)

$15,000,000 01-01-15 12-31-19

Liberia Media Development (LMD) $11,000,000 TBD TBD Liberia Accountability and Voice Initiative (LAVI) $19,000,000 TBD TBD Public Sector Strengthening (PSS) $21,700,000 TBD TBD


$10,000,000 TBD TBD

E Governance $5, 800,000 TBD TBD mSTAR $750,000 TBD TBD Government to Government Agreement (G2G) $300,000 TBD TBD PIO to UNDP Liberia Decentralization Support Program (LDSP)

$1,000,000 07-20-15 12-31-16

PFM II MDTF $4,000,000 TBD TBD

Elections Observation Mission $1,000,000 TBD TBD

PIO to World Bank MultiDonor Trust fund for Land Governance

$3,000,000 TBD TBD

$216,963,350 The DRG portfolio activities included in the table above are aligned with the intermediate results and sub-intermediate results described below. DO 1: More effective, accountable and inclusive government

Sub-IR 1.1.1 GOL institutes and utilizes tools of prudent fiscal management Sub-IR 1.1.2 Increased public and civil society capacity to reduce corruption Sub-IR 1.1.3 Local systems for governance capacity development strengthened

Toward achievement of sub-IRs, a number of activities have been identified and are described below. IR 1.1: Public Resources Managed More Transparently and Accountably

1. Liberia Governance and Economic Management Support Project (GEMS) This five-year program will support building the capacity of targeted Government of Liberia (GOL) Ministries and Agencies to improve economic governance. GEMS is a follow-on to the successes of Liberia’s Governance and Economic Management Assistance Program (GEMAP). Key ministries and agencies participating in the program include: the Ministry of Finance; Ministry of Health and Social Welfare; Ministry of Education; the Governance Commission; Civil Service Agency; the National Bureau of Concessions; Liberian Institute of Public Administration; and the Central Bank of Liberia; among others. Activities include, among other operational procedures:

• Capacity building • Assessments • Training • Technical assistance


• Procurement procedures • Wireless services and assistance to targeted ministries and agencies to utilize IT more

effectively • Advice on policies and regulations

2. Overseas Development Institute (ODI )

The Overseas Development Institute provided trainings for participatns from the Liberia Ministry of Finance and Development Planning and other line ministries in Public Financial Management. ODI used the Problem Driven Iterative Adaptation (PDIA) approach to address PFM problems as identified by GOL. This was co-financed by the Swedish International Development Agency (SIDA). The initial training was held in May 2014 and the follow-up has been rescheduled, due to Ebola, to take place in Autumn 2015.

3. Liberia Extractive Industries Transparency Initiative (LEITI ) USAID and the Liberia Extractive Industries Transparency Initiative (LEITI) signed Fixed Amount reimbursement agreement (FARA).The purpose of the project is to support the Liberia Extractive Industries Transparency Initiative (LEITI) under a Government-to-Government (G2G) mechanism for the implementation of activities leading to the Publication of the 6th EITI Annual Reconciliation Report and a Scoping Study of the Mining Sector.

4. Liberia Integrated Public Financial Management Reform Project (IPFMRP) Integrated Public Financial Management Reform Project (IPFMRP) became effective in late 2012.The objectives of the IPFMRP project are: improved budget coverage, fiscal policy management, financial control, and oversight of government finances in Liberia. The project is expected to: (a) enhance budget planning systems, coverage, and credibility; (b) strengthen PFM legal framework, budget execution, accounting and reporting; (c) enhance revenue mobilization and administration; and (d) enhance transparency and accountability.

5. Public Sector Modernization (PSMP) The objective of the Public Sector Modernization project is to improve pay and performance management in participating ministries, and strengthen payroll management in the Civil Service in Liberia. The project will benefit Liberian civil servants by improving transparency and predictability of salaries and human resource related issues such as career tracks, grade, recruitment and promotion. Through the development of a well-defined compensation regime for civil servants, the Government of Liberia will be able to improve its management of the public sector wage bill, a significant component of the Government’s annual budget.

6. Revenue Generation for Governance and Growth (RG3) RG3 will build the capacity of targeted Government of Liberia (GOL) institutions, particularly the Ministryof Finance and Development Planning (MFDP) and the Liberia Revenue Authority (LRA), to improve domestic revenue mobilization in Liberia. RG3 will support the MFDP to develop the capacity to formulate sound, predictable, and fair revenue policies. It will also support the LRA to enhance its ability to effectively, efficiently, and transparently implement those policies and carry out a revenue collection mandate. Lastly, it will work with the MFDP, LRA, private sector, and civil society to strengthen consultation, education and engagement on taxes and their benefits with an aim to build tax morale, increase voluntary compliance, and foster greater trust between taxpayers and the government.

7. Local Empowerment for Government Inclusion and Transparency (LEGIT) The purpose of the Local Empowerment for Government Inclusion and Transparency (LEGIT) program is to increase accountability, transparency, and effectiveness of sub-national government


resources in Liberia. Specifically, the project will work to achieve the following objectives: (1) Increased capacity of Government of Liberia institutions to make incremental and sustained progress in the implementation of the National Policy on Decentralization and Local Governance; (2) Improved performance and strengthened capacity of county administrations to coordinate and provide oversight of Government of Liberia activities across sectors; (3) Improved capacity of cities to manage revenues and deliver key services; (4) Increased citizen representation in planning and decision-making of service delivery in counties and cities.

8. Liberia Decentralization Support Program The $27 million UNDP basket funded Liberia Decentralization Support Program supports the long-term objective of governance decentralization in Liberia, as defined in the Agenda for Transformation Pillar IV: In partnership with citizens, create transparent, accountable and responsive public institutions that contribute to economic and social development as well as inclusive and participatory governance systems. USAID has committed to contributing $1 million.

9. E-Governance The proposed 3-year e-Government program will consist of activities to strengthen e-Government in three broad elements: 1) The CIO regime; 2) Use of shared ICT services across ministries, agencies and agencies; and, 3) ICT for open government.

10. mSTAR The USAID/Liberia mSTAR activity supports USAID Liberia's broader objective of increasing efficiency of government payments and revenue collection. Over the course of the one-year activity, mSTAR is mapping and identifying opportunities and potential areas for the Government of Liberia to create efficiencies through the use of mobile money platforms.

IR 1.2: Increased access to Justice through ADR and Strengthened Public Service Justice System Actors

Sub-IR 1.2.1 Increased capacity of judicial and legal training institutions Sub-IR 1.2.2 Formal and informal systems resolve land disputes in an accepted standardized

process Toward achievement of sub-IRs, a number of activities have been identified and are described below.

1. Legal Professional Development and Anti-Corruption Program (LPAC) LPAC is organized under two components and support will be provided to key rule of law stakeholders and organizations to achieve to the objectives of: 1) Strengthening Legal Professional Development Institutions and 2) strengthening the Liberia Anti-Corruption Program LPAC over a period of five-year. The first component directs capacity building to the four key Liberian justice sector institutions that educate, regulate and inform legal professionals. The second component supports the Liberian Anti-Corruption Commission (LACC) and associated Government of Liberia (“GOL”) entities in their efforts to investigate, prosecute and convict perpetrators of corruption related crimes, and to educate the public regarding the fight against corruption in Liberia.

2. Liberia Access to Justice Project (LAJP) The overall purpose of LAJP is to increase access to justice for all Liberian citizens, especially at the community level by 1) provisiding effective legal information and


dispute resolution services; 2) strengthening of the traditional leaders capacity to advance access to justice and good governance; and 3), supporting the establishment of policy framework to increase access to justice at the community level.

3. Land Governance Support Activity (LGSA) LGSA is the principal activity of the USAID/Liberia Land Governance Project (LGP), and supports the LGP Project Purpose. Primarily, LGSA will contribute to achievement of the project purpose by partnering with the Government of Liberia (GOL) and Liberian stakeholders, including civil society, the private sector, and rural communities, to achieve four overriding objectives: 1) policy, legal and regulatory framework for land governance strengthened, 2) functionality of GOL land governance institutions improved, 3) protection of customary land rights and 4) stakeholder engagement in land governance strengthened.

4. PIO to World Bank Multi Donor Trust Fund for Land Governance (MDTF) The MDTF would provide direct funding to the GOL to implement major land administration investments including mapping and development of a land information management system (LIMS), development of a land administration vocational training program, and initial procurements for the anticipated Liberia Land Authority (LLA).

IR 1.3: Capacity to implement Election Process Strengthened Sub-IR 1.3.1 NEC manages full election cycle with decreased technical support Sub-IR 1.3.2 Domestic CSOs conduct effective civic and voter education campaigns

Toward achievement of sub-IRs, a number of activities have been identified and are described below.

1. Liberia Elections and Political Transitions (LEPT) IFES The overall goal for the LEPT is strengthened Liberian institutions positioned to drive inclusive economic growth and poverty reduction. The primary objectives that IFES will be working on in collaboration with the National Election Commission (NEC) are as follows: NEC demonstrates increased institutional capacity to perform essential functions related to election administration and NEC develops, maintains, and pro-actively manages key relationships. NDI The overall goal for the LEPT is strengthened Liberian institutions positioned to drive inclusive economic growth and poverty reduction. The primary objectives that NDI will be working on are as follows:CSOs deliver country-wide CVE around critical electoral issues and events and CSOs engage in effective oversight of key electoral processes.

2. Liberia Administrative and Systems Strengthening (LASS) The purpose of the Liberia Administrative and Systems Strengthening (LASS) Task Order is to work with the National Elections Commission to develop key institutional systems, policies, and procedures in areas such as human resources, budgeting and financial management, asset management, strategic planning, and procurement. Having strong systems in place will enable the NEC to better achieve its core mandate of planning and conducting elections. LASS will use approaches in working with the NEC that are problem driven, rather than solutions-led, to allow for greater ownership and participation by NEC officials.

IR 1.4: Civil Society and Media Exercise their Advocacy and Oversight Roles

Sub-IR 1.4.1 Civil society strengthened to play watchdog role Sub-IR 1.4.2 Increased accuracy and impartiality of target media


Toward achievement of sub-IRs, a number of activities have been identified and are described below.

1. Civil Society and Media Leadership (CSML)

CSML is improving the skills, performance and perceptions of Liberian civil society organizations (CSOs) through training, mentoring, and small grant projects. Simultaneously, the project is working with the Liberian media industry to build capacity and professionalize both individual journalists and media outlets. Currently, IREX is focused on programming around Ebola recovery. The current cost extension will further enhance the function and sustainability of civil society and media and empower them to hold government and other stakeholders accountable during the EVD and post EVD periods. There are three main areas of work under this extension. They are: 1. Accountability 2. Media Monitoring 3. Technical Support for Community Radio Stations

2. Liberian Accountability and Voice Initiative (LAVI ) To strengthen multi-stakeholder partnerships to advocate for and monitor policy and accountability reforms. The following objectives will be achieved over the course of the project: (1) Increased horizontal and vertical linkages among actors engaged in similar issues; (2) Increased organizational capacity of targeted CSOs to participate in issue-based reforms; (3 )On-going capacity development services available on local market; and (4) Learning and methodologies shared and applied by other development actors. LAVI will contribute to the overall goal of USAID/Liberia’s civil society and media interventions, which is to increase the influence of citizens and media in the governance of public goods and services, and to Development Objective 1 in USAID/Liberia’s CDCS: more effective, accountable, and inclusive governance

3. Liberia Media Development (LMD) The primary goal of the program is to increase all Liberian citizens’ access to independent and reliable information and empowerment to engage in well-informed public discussion of important issues of the day. It is expected that program support will focus with both commercial media outlets and Community Radio Stations (CRS). Specifically, according to the objectives, LMD will lead to: (1) Increased sustainability of media houses (both commercial and community radio stations); (2) A plurality of voices represented in Liberian media; (3) Improved quality of media, including wider adherence to professional standards of journalism; (4)Strengthened normative-legal enabling environment for freer media; and, (5) Strengthened Information Commission to be able to respond rapidly to requests from citizens and media establishments.

2.0 COUNTRY AND ENVIRONMENTAL INFORMATION

Liberia has four major ecological zones: coastal plains; upper highland tropical forest; lower tropical forest zone; and a northern savannah zone, and lies entirely within the Upper Guinean Forest ecosystem. Liberia contains two of the last three remaining large blocks of Upper Guinean Rainforest in West Africa. These biologically rich forests are home to approximately 240 timber species, 2,000 flowering plants, 600


bird species, 125 mammal species, 74 species of reptile, and more than 1,000 insect species.2 The Upper Guinean Forest ecosystem and is identified by Conservation International as a “Biodiversity Hotspot.” The Environmental Threats and Opportunities 118/119 Assessment completed by USAID/Liberia in February 20143 identified a number of concerns related to development, natural resource management, the lack of water and waste management infrastructure, and the lack of enforcement of environmental laws. As a result of the destruction of Liberia‘s infrastructure during the prolonged conflict, piped water, drainage, wastewater, and solid waste management systems are severely lacking. As the 118/119 points out, in spite of the EPA Act and the EPM Law that authorize the creation of regulations, rules, standards and guidelines, as well as the provide for penalties for violation, EPA has not officially promulgated any of these regulations, rules, standards and guidelines, so enforcement is not possible. The absence of a law enforcement division within the FDA also appears to hamper enforcement efforts.4 2.1 Locations Affected DRG will focus majority of its activities within six of the Government of Liberia's (GOL) Development Corridors: Bong, Nimba, Grand Bassa, Montserrado, Lofa and Margibi but will also include activities that are outside the the Development Corridor. 2.2 National Environmental Policies and Procedures

2.2.1 Policies

The Environmental Protection Agency Act of 2003 (EPA Act) The Environmental Protection Agency Act of (EPA Act) authorized the establishment of an overall institutional framework for sustainable management of the environment in Liberia

National Environmental Policy Council The National Environmental Policy Council is responsible for formulating national environmental policy; setting environmental protection priorities, goals and objectives; and promoting inter-sectorial, private-public cooperation in the achievement of environmental policy.

Line Ministry Environmental Units To facilitate the coordination between the EPA and Line Ministries, the EPA Act requires each Line Ministry to establish an environmental unit. The units are charged with ensuring compliance with the requirements of the act, making comments on environmental impact assessments, and liaising with the EPA on environmental management.

Environmental Protection and Management Law The Environmental Protection and Management Law (EPML) forms the legal framework for the sustainable development, management and protection of the environment by the Environmental Protection Agency in partnership with relevant ministries, autonomous agencies and organizations.

2.2.2 Procedures

2 UNDP (in collaboration with EPA of Liberia), State of the Environment Report for Liberia 2006 (2006). 3 Liberia Environmental Threats and Opportunities Assessment 118/119: Final Report. February 2014. Available online at: http://www.usaidgems.org/Documents/FAA&Regs/FAA118119/Liberia2014.pdf 4 Ibid, page xxiv.

http://www.usaidgems.org/Documents/FAA&Regs/FAA118119/Liberia2014.pdf


Environmental Threats and Opportunities 118/119 Assessment: USAID/Liberia decided an Environmental Threats and Opportunities 118/119 Assessment was warranted and was completed in February 2014. The 118/119 describes the range of environmental impacts from human activities across the spectrum of sectors: green (forests, agricultural systems), brown (urban, industrial systems) and blue (marine and freshwater systems) and makes recommendations. The activities of Liberia’s government institutions to manage and conserve forests and biodiversity are constrained by a number of factors including dependence on foreign expertise and resources, a decimated infrastructure and weak administration, lack of qualified staff, shortage of information for decision making, overlapping mandates, weak law enforcement and poor coordination between government organizations, donors and nongovernmental organizations, and lack of direct financial support. Democracy & Governance and the 118/119: Under the DRG Objective 1, a systematic approach, as recommended by the 118/119, is adopted to integrate environmental issues in the program of activities. The implementing partners will adapt USAID’s “Supplemental Environmental Review Forms” for DRG activities to develop an internal environmental screening form for all project activities to ensure that potentially negative impacts are foreseen and plans are developed for their mitigation. Based on the screening form, partners would be required to produce an Environmental Review Report for each activity. In addition the Environmentally Sound Design and Management Capacity-Building for Partners and Programs in Africa (ENCAP) training programs for Mission Staff, implementing partners and GOL counterpart staff will be utilized. Liberia’s Environmental Protection Agency (EPA) 5 In keeping with Agency policies for provision of government to government assistance, USAID is committed to designing and implementing programs jointly with the partner government, and to implementing the programs using the partner government policies and procedures to the extent possible. USAID will assess jointly with the Government of Liberia the degree to which its environmental regulations and procedures (the Liberian Environmental Protection Act) meet USAID’s requirements. The Mission will also assess the degree to which the Liberian Environmental Protection Agency is capable of carrying out initial environmental examinations that meet USAID’s standards.

For those activities where the Agency is judged to meet the requirements, IEEs will be prepared by that Agency and submitted to USAID for review and approval.

Where the Agency does not have this capacity, USAID will be responsible for preparing the IEE.

If the IEE results in a Positive Threshold Decision, with a finding the proposed action will have a significant effect on the environment: USAID will follow the requirements specified in sections 216.6 or 216.7 of the Regulation.

If the IEE results in a Negative Determination and actions are designed that, if applied in the design and implementation of the action, will avoid a significant effect on the environment, the threshold decision is a Negative Determination with conditions.

An IEE will be forwarded immediately together with the Threshold Determination to the Bureau Environmental Officer for action.

The USAID Project Activity Manager will need to carefully monitor compliance with the conditions by the implementing institution, or otherwise ensure that such monitoring occurs.

5 Environmental Protection Agency (EPA) of the Republic of Liberia, November 26, 2002


3.0 EVALUATION OF PROJECT/PROGRAM ISSUES WITH RESPECT TO ENVIRONMENTAL IMPACT POTENTIAL

For the purposes of environmental review, current and anticipated activities in the DRG portfolio are grouped into the following classes of activities:

1. Financial management, policy, legislative, and related government capacity support 2. Capacity building for strengthened civil society and social accountability 3. Alternative dispute resolution training and development 4. Public information campaigns 5. Assistance toward improved utilization of information technology 6. Review, assessment, and evaluation activities (including methodology pilots and special

studies) 7. Small-scale refurbishment activities

Each class of activities includes a number of activities specific to project(s) within the DRG portfolio (current and planned activities). In this section, the potential impacts of activities that are likely to have a negative impact on the environment are analyzed, and on this basis, recommended determinations made. In most cases, a categorical exclusion is recommended. Two classes of activities has been identified as meeting a threshold for a negative determination with conditions—activities 1 and7 identified above. For these activities, a justification for a negative determination with conditions is provided and possible mitigation measures identified. Potential Adverse Impacts & Considerations for Activities Recommended for Negative Determination with Conditions Policy Support. Policies that inform or guide efforts in natural resource management and land planning need to reflect an awareness of potential adverse impacts and avoid the foreseeable pitfalls that could further exacerbate, rather than improve, the existing challenges. The most significant risk typically associated with policymaking efforts is that of “process capture,” in which the ability to develop balanced, well informed regulation is compromised by a focus on one group’s interests or priorities, or an emphasis on the lowest common denominator. In this regard, stakeholder consultation and input is critical to forming policies that are responsive to the needs of more than a single party, or subset of elite voices. Construction. Construction itself has a well-known set of potential adverse impacts. Experience shows that these impacts are controllable below the level of significance with basic good construction management practices, including occupational safety and health practices.

● Disturbance to existing landscape/habitat. Construction typically necessitates clearing, grading, trenching and other activities that can result in near-complete disturbance to the pre-existing landscape/habitat within the plot or right-of-way. If the plot or right-of-way contains or is adjacent to a permanent or seasonal stream/water body, grading and leveling can disrupt local drainage. Furthermore, when construction occurs in a waterbody (for example, pier construction), acute and chronic construction-related impacts related to noise, turbidity, and construction activity may adversely affect local species and habitats.

● Sedimentation/fouling of surface waters. Runoff from cleared ground or material stockpiles during construction can result in sedimentation/fouling of surface waters, particularly if the


site is located in close proximity to a stream or water body.

● Standing water. Construction may result in standing water on-site, which readily becomes breeding habitat for mosquitoes and other disease vectors; this is of particular concern in the parts of Kenya where malaria is endemic.

● Occupational and community health and safety hazards. The construction process and construction sites present a number of hazards: fall and crush injuries, hazards from hand or power tools and equipment used in construction, and exposure to hazardous substances, such as solvents in paint, cement dust, etc.

● Increased Air and Noise Pollution can result during construction or rehabilitation from the actions of construction equipment and workers.

● Adverse impacts of materials sourcing. Construction requires a set of materials often procured locally: timber, fill, sand and gravel, and bricks. Unmanaged extraction of these materials can have adverse effects on the environment. For example, stream bed mining of sand or gravel can increase sedimentation and disturb sensitive ecosystems; purchase of timber from unmanaged or illegal concessions helps drive deforestation.)

While IPs generally have direct control over their general contractors, construction materials are often procured by general contractors from sub-vendors. In the case of timber, these sub-vendors are often the terminus of a long and untraceable supply chain.

This separation from source both limits the actions that IPs can take to assure environmentally responsible sourcing of these materials and reduces IP responsibility for these impacts – the exception is burnt bricks, for which the impacts can be avoided by requiring use of an alternative material. It should also be noted that for the relatively small construction projects anticipated under this portfolio, adverse impacts related to materials sourcing should be quite limited. However, IPs can and should undertake reasonable due diligence to assure that they do not bear direct responsibility for adverse impacts, and to reduce indirect impacts so far as feasible.

Latrines/Small-scale Sanitation. In operation, latrines can contaminate shallow groundwater and wells and, when not well maintained or of an open-pit design, they can also be the source of multiplication of flies, mosquitoes, spread of diseases, and foul odors.

More specifically, poorly designed sanitation facilities can lead to insect-borne diseases: There are two groups to consider. Firstly, culex mosquitoes, which do not transmit malaria but can transmit filariasis, breed extensively in septic tanks and flooded latrines. Secondly, flies and cockroaches often thrive on excreta and have been implicated in some transmission of faecal-oral disease. Mosquitoes, flies, and cockroaches all constitute a great nuisance, and poor urban households have consistently been shown to spend substantial amounts of their scanty household income on using control coils and nets.

However, for small-scale interventions these impacts can be controlled below the level of significance by appropriate siting, design, and maintenance. With respect to the last, capacity-building in equipment/system maintenance is an essential corollary to construction/installation of small-scale sanitation.


Recommended Determinations and Conditions 8. Financial management, policy, legislative, and related government capacity support

9. Capacity building for strengthened civil society and social accountability Implementing mechanisms may include: LAVI, A2J, LPAC, LMD, LEPT, CSML Recommended Determination

• Training , capacity building, technical assistance, and advising on business and financial management, planning, procurement procedures, policies, and regulations


Implementing mechanisms may include: ALL including IPFMRP, GEMS, LASS, RG3, LPAC, LEGIT, PSS, eGov, LEPT, A2J, LGSA, LDSP, PFM II mStar, Land MDTF


• Technical assistance, input, and guidance

toward improved financial management including but not limited to fiscal reporting, standards, budgeting capacities for enhanced budget credibility, improved security for payroll system, a fully functioning modern accounting system.



• Install payment systems to decrease the opportunity for fraud and strengthened cash management, strengthening of revenue mobilization



• Training and technical assistance toward building the capacity of national and key county level GOL officials.



• Training, capacity building, technical assistance, and advising on policy, legislative, and related government capacity support

Negative Determination pursuant to 216.3(a)(2)(iii) is recommended for this component subject on the condition that:

2) Policy support and training for the GOL in land governance must integrate or otherwise reflect current data and analysis on environmental trends, including principles of sustainable NRM and GCC adaptation strategies. Data and analysis may be drawn from USAID, other bilateral donor agencies, International Financial Institutions, Multilateral Development Banks, or other internationally recognized research or development entities.


• Technical assistance for CSO’s to engage in disseminating civic and voter education and conducting oversight of key government processes process


• Train partner CSOs in areas included but not limited to financial management, administration, fund-raising, networking, increase peer-to-peer capacity building.


• Establish web-based content sharing site Categorical Exclusion per §216.2(c)(2)(i) The action does not have an effect on the natural or physical environment

10. Alternative dispute resolution training and development

Implementing mechanisms may include: A2J, LPAC, LGSA, LAVI Recommended Determination

• Provide alternate dispute resolution training to traditional leaders


• Train community legal advisors to assist communities manage and solve local level disputes


• Develop dispute resolution entities to provide legally recognized ADR services


11. Public information campaigns

Implementing mechanisms may include: All acitivites including LEPT, A2J, CSML, RG3, LEGIT, LMD, LAVI, LPAC


• Information campaigns using methods including, but not limited to radio, community drama groups, television, movies, SMS, and social media to engage Liberians on key issues



• Educate the citizenry about their rights and new laws and conduct civic education on new policies



• Provide civic and voter education and encourage citizen participation in the political process, including constitutional and legal reform and raise awareness of land rights issues and provide information on ADR mechanisms



12. Assistance toward improved utilization of information technology

Implementing mechanisms may include: ALL activities including LASS, LEPT, LPAC, CSML, eGov, Mstar, IPFMRP, GEMS



• Wireless services and assistance to targeted ministries and agencies to utilize IT more effectively and implement a cell-phone based free content sharing applications to disseminate news and public information



• Scale-up e-payments Categorical Exclusion per


• Create and implement cell-phone based free content sharing applications to disseminate news and public information



13. Review, assessment, and evaluation activities (including methodology pilots and special studies)

Implementing mechanisms may include: All activities including LASS, LEPT, Mstar, Int’l Obs Recommended Determination

• Reviews of fiscal policy and the PFM legal framework. Task Force and ADR “best practices” and “lessons learned”



• Post-election assessment and evaluation of NEC performance to inform programming interventions and public attitudes about political processes, political parties, government effectiveness and corruption



• Institutional and capacity assessments of each institution to identify and prioritize areas for intervention



14. Small-scale refurbishment activities Implementing mechanisms may include: CSML, LEGIT, LGSA, RG3, LDSP, LMD


c) Facilitate discussions to

develop community priorities. Renovation/construction of locally agreed upon projects based on community prioritization exercises.

Negative Determination pursuant to 216.3(a)(2)(iii) is recommended for this component subject on the conditions that:




d) Renovation/refurbishment of GOL offices, especially in counties.

1. Good practice design standards. Good practice design standards must be implemented for renovation works generally consistent with USAID’s Sector Environmental Guidelines (construction chapter) at http://www.usaidgems.org/sectorGuidelines.htm. At a minimum, (1) During renovation, prevent sediment-heavy run-off from cleared site or material stockpiles to any surface waters or fields with berms, by covering sand/dirt piles, or by choice of location. (Only applies if renovation occurs during rainy season.); (2) Renovation must be managed so that no standing water on the site persists more than 4 days; (3) Implementing Partners (IPs) must require their general contractor to certify that it is not extracting fill, sand or gravel from waterways or ecologically sensitive areas, nor is it knowingly purchasing these materials from vendors who do so; (4) IPs must identify and implement any feasible measures to increase the probability that timber is procured from legal, well-managed sources.

2. No complicating factors. The site is not within 30m of

a permanent or seasonal stream or water body, will NOT involve displacement of existing settlement/ inhabitants, has an average slope of less than 5% and is not heavily forested or in an otherwise undisturbed local ecosystem.

3. Asbestos. If the presence of Asbestos is suspected in a

facility to be renovated, the facility must be tested for asbestos before rehabilitation works begin. Should asbestos be present, then the work must be carried out in conformity with host country requirements, (if any) and in conformity with guidance to be provided by the MEO, in consultation with the REA. All results of the testing for asbestos shall be communicated to the C/AOR.

4. Paint. No lead-based paint shall be used, when lead-

free paint is used, it will be stored properly so as to avoid accidental spills or consumption by children; empty cans will be disposed of in an environmentally safe manner away from areas where contamination of water sources might occur; and the empty cans will be broken or punctured so that they cannot be reused as drinking or food containers.





5. For construction/rehabilitation of facilities in which total surface area disturbed is more than 1000 m2 or in the presence of complicating factors (defined in bullet 2),

a. The formal AFR subproject/subgrant review

process, as set out by the AFR Environmental Review Form (available at http://www.usaidgems.org/Documents/ComplianceForms/AFR/AFR-EnvReviewForm-20Dec2010.doc) must be completed and approved by the COR/AOR, MEO and REA prior to construction.

b. The IP must assure implementation of any mitigation and monitoring conditions specified by the approved ERF;

c. The environmental management conditions established by the ERF process must be generally consistent with the conditions for “very small scale construction” enumerated immediately above and, at minimum, consistent with achieving a “no issues” result under application of the ENCAP Visual Field Guide for Small-Scale Construction. (www.usaidgems.org/Documents/VisualFieldGuides/ENCAP_VslFldGuide--Construction_22Dec2011.pdf

6. For rehabilitation/construction that includes small-scale

sanitation infrastructure (total investment in a given community of less than $250,000), Good-practice design standards must be implemented for new construction and rehabilitation works, generally consistent with USAID’s Sector Environmental Guidelines: Water Supply & Sanitation: http://www.usaidgems.org/Sectors/watsan.htm. These standards must be specified in the EMMP and include provisions to prevent contamination of water supplies, appropriate choice of latrine type given local environmental conditions (e.g. improved pit latrines are rarely suitable in locations where the water table is high), provision of handwash stations, and development and implementation of a system for ongoing latrine cleaning and maintenance

7. Capacity building in equipment/system

maintenance must be co-programmed with







http://www.usaidgems.org/Sectors/watsan.htm




construction/installation of small-scale sanitation infrastructure.

8. Operations. Where USAID does not have operational responsibility, the IP must work with the responsible party to develop a practical environmental management protocol and maximize the probability that it will continue to be implemented after project hand-off.

4.0 RESTRICTIONS, IMPLEMENTATION, AND MONITORING 4.1 General Restrictions 4.1.1 GMOs/LMOs: For purposes of compliance with USAID procedures, genetically modified

organisms (GMOs) or living modified organisms (LMOs) are defined as “living organisms modified by genetic engineering techniques” and include, for example, plants, micro-organisms, live animal vaccines (if used outside a contained area and not approved in the US), animals, and insects.

This IEE does not authorize support for laboratory- or field-based research involving GMOs/LMOs, nor does it authorize support for multiplication or dissemination upon release of GMOs/LMOs. Support for laboratory research involving GMOs/LMOs in contained facilities would require an approved amendment to this IEE. Support for field testing or open release of GMOs/LMOs would require successful review under USAID’s Biosafety Procedures (see: www.encapafrica.org/meo_resources/Biosafety_5Feb2010.pdf) followed by an approved IEE amendment. Liberian national requirements must be met in either case.

4.1.2 Pesticides. This IEE does not authorize support for pesticide procurement and/or use. All activities that fall outside of the category of controlled experimentation exclusively for the purpose of research and field evaluation and entail the procurement and/or use of pesticides would require a Pesticide Evaluation Report and Safer Use Action Plan (PERSUAP) conducted in accordance with USAID Pesticide Procedures (22 CFR 216.3(b)). Support for activities involving the procurement and/or use of pesticides would require an approved amendment to this IEE and a successful review of a PERSUAP submitted in accordance to 22 CFR 216.3(b). No funds shall be obligated or expended for the procurement or use of pesticides under this IEE.

4.2 General Project Implementation and Monitoring Requirements Upon approval of this IEE amendment, implementation of these conditions becomes mandatory. In addition to the specific conditions enumerated in Section 3, the negative determinations recommended in this IEE are contingent on full implementation of the following general monitoring and implementation requirements: 4.2.1 IP Briefings on Environmental Compliance Responsibilities. The DRG Activity leader shall

provide each Implementing Partner (hereinafter referred to as IP) with a copy of this IEE. Each IP shall be briefed on their environmental compliance responsibilities by their COR/AOR. Such briefings will identify the IEE conditions applicable to each IP’s activities.

http://www.encapafrica.org/meo_resources/Biosafety_5Feb2010.pdf


4.2.2 Development of an EMMP. Each IP whose activities are subject to one or more conditions set out in section 3 of this IEE shall develop and provide to the COR/AOR for review and approval an Environmental Mitigation and Monitoring Plan (EMMP) that clearly documents how their project will implement and verify all IEE conditions and mitigation measures that apply to their activities. These EMMPs shall identify how the IP will ensure that IEE conditions that apply to activities supported under sub-contracts and sub-grants are implemented. In the case of large sub-grants or sub-contracts, the IP may elect to require the sub-grantee/sub-contractor to develop their own EMMP. A sample EMMP format is included as ANNEX A to this IEE.

4.2.3 Integration and implementation of EMMP. Each IP shall integrate their EMMP into their project work plan and budgets, implement the EMMP, and report on its implementation and findings as an element of regular project performance reporting. IPs shall ensure that sub-contractors and sub-grantees integrate implementation of IEE conditions, where applicable, into their own project work plans and budgets, and report on their implementation and findings as an element of sub-contract or grant performance reporting.

4.2.4 Integration of compliance responsibilities in prime and sub-contracts and grant agreements.

a) The DRG team leader shall ensure that any future contracts or agreements for

implementation of a project, and/or significant modification(s) to current contracts/agreements shall reference and require compliance with the conditions set out in this IEE, as required by ADS 204.3.4.a.6 and ADS 303.3.6.3.e.

b) IPs shall ensure that future sub-contracts and sub-grant agreements, and/or significant modification(s) to existing agreements reference and require compliance with relevant elements of these conditions.

4.2.5 Assurance of sub-grantee and sub-contractor capacity and compliance. IPs shall ensure that

sub-grantees and sub-contractors have the capacity to implement the relevant requirements of this IEE. The IP shall, as and if appropriate, provide training to sub-grantees and sub-contractors in their environmental compliance responsibilities and in environmentally sound design and management (ESDM) of their activities.

4.2.6 DRG Team monitoring responsibility. As required by ADS 204.3.4, the DRG team will actively monitor and evaluate whether the conditions of this IEE are being implemented effectively and whether there are new or unforeseen consequences arising during implementation that were not identified and reviewed in this IEE. If new or unforeseen consequences arise during implementation, the team will suspend the activity and initiate appropriate further review in accordance with 22 CFR 216. USAID monitoring activities shall include regular site visits.

4.2.7 New or modified activities. As part of its work plan and all annual work plans thereafter, IPs, in collaboration with their COR/AOR, shall review all on-going and planned activities to determine if they are within the scope of this IEE. If any IP adds new activities or makes substantial modifications to existing activities, an amendment to this IEE addressing these activities shall be prepared for USAID review and approval. No such new activities shall be undertaken prior to formal approval of this amendment.


Any ongoing activities found to be outside the scope of the approved Regulation 216 environmental documentation shall be halted until an amendment to the documentation is submitted and written approval is received from USAID.

4.2.8 Compliance with Host Country Requirements. Nothing in this IEE substitutes for or supersedes IP, sub-grantee, and sub-contractor responsibility for compliance with all applicable host country laws and regulations. The IP, sub-grantees, and sub-contractors must comply with host country environmental regulations unless otherwise directed in writing by USAID; however, in case of conflict between host country and USAID regulations, the latter shall govern.


ANNEX A – EMMP Template

IEE Condition /

Environmental Impact

Specific Mitigation Measure/ Response

or Descriptio

n of Mitigation Measure

Party Responsibl

e for Mitigation

Party Responsibl

e for Monitoring

Monitoring/Verification Method

Estimated Cost/ Budget notes

Indicator/

How Verified

Data source

;

Frequency

ACTIVITY: Integrated Public Financial Management Reform Program II Multi Donor Trust Fund for Public Financial Management (IPFMRP)




Land Governance Support Activity (LGSA)

Access to Justice (A2J)

Liberia Civil Society and Media Leadership Program (CSML)


Consortium for Elections and Political Process Strengthening (CEPPS)(LEPT)

ACTIVITY:

Liberia Media Development (LMD)


IEE Condition /

Environmental Impact

Specific Mitigation Measure/ Response

or Descriptio

n of Mitigation Measure

Party Responsibl

e for Mitigation

Party Responsibl

e for Monitoring

Monitoring/Verification Method

Estimated Cost/ Budget notes

Indicator/

How Verified

Data source

;

Frequency

Liberia Accountability and Voice Initiative (LAVI)

Public Sector Strengthening (PSS)


E-Governance

Mstar

Government to Government Agreement (G2G)

PIO to UNDP Liberia Decentralization Support Program

PFM II MDTF

Elections Observation Mission