Common use of Application of USAID Environmental Regulations Clause in Contracts

Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308.3.9.2(1), project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis. In executing cost-type agreements, fixed amount agreements, and simplified agreements to a PIO, USAID should strive to rely upon the PIO’s application of its own environmental and social policies for the proposed activity. To determine that adequate environmental and social safeguards are in place, the Organizational Capacity Review drafter must coordinate with the Mission Environmental Officer (MEO) or Regional Environmental Advisors (REAs) for Mission-executed agreements or the Agency Environmental Coordinator or the Bureau Environmental Officer (BEO) for USAID/W-executed agreements, who will review the PIO’s environmental and social policies and procedures. If the OCR determines that the PIO’s environmental and social safeguards policies and procedures are adequate, USAID will defer to the PIO to effectively implement them and OUs will incorporate this information into the appropriate 22 CFR 216 documentation for agreements. If the OCR raises concerns regarding the adequacy of environmental and/or social safeguards, the AO will work with the AOR and MEO, REA or BEO to include special provisions in the agreement to mitigate concerns relating to the PIO’s environmental and social safeguards policy and procedure deficiencies. Subsequent monitoring by USAID will ensure adequate implementation of conditions and mitigation measures.

Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308.3.9.2(1), project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis. In executing cost-type agreements, fixed amount agreements, and simplified agreements agreement to a PIOPIO for activities that are not exempt or categorically excluded from environmental analysis under 22 CFR 216.2, USAID should strive to rely upon the PIO’s application of its own environmental and social policies for the proposed activity. To determine conclude that there are adequate environmental and social safeguards are in place, the drafter of the Organizational Capacity Review drafter must coordinate Review, in consultation with the Mission Environmental Officer (MEO) or Regional Environmental Advisors (REAsREA) for Mission-Mission executed agreements or the Agency Environmental Coordinator or the Bureau Environmental Officer (BEO) for USAID/W-W executed agreements, who will must review the PIO’s environmental and social policies and proceduresprocedures as part of the Organizational Capacity Review. If the OCR determines that the PIO’s environmental and social safeguards policies and procedures are adequate, USAID will defer to the PIO to effectively implement them and OUs will incorporate this information into the appropriate 22 CFR 216 documentation for agreements. If the OCR review raises concerns regarding the adequacy of environmental and/or social safeguards, the AO will work with the AOR and MEO, REA or BEO to must include special provisions in the agreement to that would address or mitigate any concerns relating to the PIO’s environmental policies and social safeguards policy and procedure deficiencies. Subsequent monitoring by USAID will ensure adequate implementation of conditions and mitigation measuresprocedures.

Application of USAID Environmental Regulations. Pursuant to 22 CFR 216, analyses of environmental impact are required with respect to all new projects, programs, or activities authorized or approved by USAID (see ADS 204, Environmental Procedures and 22 CFR 216). For the reasons outlined in 308.3.9.3, however, general contributions and RDOAGs will normally be categorically excluded from environmental analysis under 22 CFR 216.2(c)(2)(vi). For the reasons outlined in 308.3.9.2(1), project contributions are normally categorically excluded except, prior to execution of the project contribution, the discrete activities of the agreement which have already been identified which may warrant environmental analysis. analysis.‌‌‌‌‌‌‌‌ In executing cost-type agreements, fixed amount agreements, and simplified agreements to a PIO, USAID should strive to rely upon the PIO’s application of its own environmental and social policies for the proposed activity. To determine that adequate environmental and social safeguards are in place, the Organizational Capacity Review drafter must coordinate with the Mission Environmental Officer (MEO) or Regional Environmental Advisors (REAs) for Mission-executed agreements or the Agency Environmental Coordinator or the Bureau Environmental Officer (BEO) for USAID/W-executed agreements, who will review the PIO’s environmental and social policies and procedures. If the OCR determines that the PIO’s environmental and social safeguards policies and procedures are adequate, USAID will defer to the PIO to effectively implement them and OUs will incorporate this information into the appropriate 22 CFR 216 documentation for agreements. If the OCR raises concerns regarding the adequacy of environmental and/or social safeguards, the AO will work with the AOR and MEO, REA or BEO to include special provisions in the agreement to mitigate concerns relating to the PIO’s environmental and social safeguards policy and procedure deficiencies. Subsequent monitoring by USAID will ensure adequate implementation of conditions and mitigation measures.