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Annex 6.  Environmental Regulations 117/118/119 Assessment

1.   Background4.  USAID/Kenya is developing a new five-year Integrated Strategic Plan for 2001 - 2006.  The ADS 201.5.10g provides USAID's guidance concerning how USAID missions need to incorporate environmental requirements into their ISPs.  This guidance is derived from provisions of the Foreign Assistance Act (FAA).  

1.1 Environmental Sustainability.  USAID recognizes that concern for the environment and wise management of the natural resources base are absolute requirements of any successful development program. Section 117 of the FAA “Environment and Natural Resources,” dictates that efforts be made to maintain (and restore) natural resources upon which economic growth depends, and to consider the impact of USAID’s activities on the environment.  The legal requirements of the FAA are reflected in USAID’s ADS Chapter 204 “Environmental Procedures,” which guides users on the application of 22 CFR Part 216. Regulation 216 codifies the Agency's procedures "to ensure that environmental factors and values are integrated into the A.I.D. decision making process."  Accordingly, USAID conducts assessments to ensure that its environmental priorities are incorporated into results planning, achieving, and monitoring.  22 CFR Reg 216.9 allows for (a) bi- or multilateral environmental studies regarding the proposed action(s) or (b) concise reviews of the environmental issues involved including summary environmental analyses or other appropriate documents, in lieu of environmental assessments otherwise required by USAID environmental procedures.  This assessment follows option (b).

1.2 Tropical Forestry and Biological Diversity.  Sections 118 “Tropical Forests” and 119 “Endangered Species” of the FAA codify the more specific U.S interests in forests and biological diversity.  These two provisions require that all country plans include: 1) an analysis of the actions necessary in that country to conserve biological diversity and tropical forests; and 2) the extent to which current or proposed USAID actions meet those needs.  Section 118/119 analyses are specific legal requirements of all USAID operating unit strategic plans.  It should be noted that 22 CFR 216.5 requires USAID to conduct their assistance programs in a manner that is sensitive to the protection of endangered or threatened species and their critical habitats.

Translating the intent of the above legal requirements into a broad strategic planning approach, the ADS provides a general priority-setting framework for missions to use in determining which environmental threats and opportunities they should address (See 201.5.8; and Supplementary References, Joint Planning and Guidelines for Strategic Plans, and Technical Annex B Environment, dated February 1995).  The priority-setting process is intended to guide the setting of environmental strategic objectives, as well as to inform strategic objectives in other sectors.  It has been noted that most missions fulfill these requirements in varied ways and to various degrees, largely due to the vague nature of the guidance mentioned above.  In late 1994 the Africa Bureau disseminated a document called Consideration of Biological Diversity and Tropical Forestry in the Context of Country Program Strategy Planning in the Bureau for Africa:  Review and Guidelines, by Sandra Russo.  This document provided more focus to the interpretation of the law, and is used as a starting point for the assessments below, especially for 118/119.  New guidelines are being developed by the Global Environment Center this year, and are expected to be available on the USAID Intranet when they are complete.

2.

Environmental Sustainability Assessment: USAID/Kenya 2000-2005 Integrated Strategic Plan.

In December 1999, the Mission submitted to USAID/Washington a concept for their new strategic plan, in brief.  At the time of this writing (March 2000), new strategic objective (SO) documents were still in draft.  Therefore, this sustainability assessment of the plans for each SO is based on the concept paper and on discussions within each SO team.

In this sustainability assessment, we focus on the following questions:  1) what is needed to ensure environmental sustainability during implementation of each SO program; 2) what each SO team is

4 Adapted from USAID/REDSO Strategy Environmental Threats and Opportunities Assessment

with Special Focus on Biological Diversity and Tropical Forestry: Scope of Work, January 2000.

Kara PagePage 4710/23/2006

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