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Environmental and Social Management FrameworkAt this early stage, quick environmental overview/reconnaissance or preliminaryenvironmental study can indicate, whether any of the alternatives proposed areenvironmentally harmful, such as• identification of "viable" alternatives (from an environmental viewpoint), and• provision of an early indication of likely significant impacts for further EIAwork.STEP 2:PROJECT SCOPINGIn Nepal, projects to be considered for application of IEE and EIA are listed in theSchedule 1 and Schedule 2 related to Rule 3 of Environmental Protection Rule,1997 (first amendment, 1999) of GoN. The legal criteria are shown in Tab. 2.3.Accordingly; all road development projects must be considered for conductingeither an IEE or a full EIA, depending on their length, project costs and, above all,f they are new constructions or just rehabilitation and upgrading works. For thesub-projects pertaining to this ESMF, all but one fall in the category of IEE.Table 2.3: Legal Criteria for Selecting an IEE or EIA in the RoadSector, and comparison of requirements prescribed by the GoN andthe WBType of ProjectType of EARequiredEA Categoryas per WBConstruction of National Highways EIA AConstruction of Major Feeder Roads EIA AConstruction of Minor Feeder Roads IEE BConstruction of District Roads IEE BConstruction of Urban Roads IEE BConstruction of Rural Roads IEE BConstruction of 1 to 5 km long Ropeways IEE BConstruction of more than 5 km long Ropeways EIA AConstruction of 1 to 5 km long Cable Car IEE BConstruction of more than 5 km long Cable Car EIA AConstruction of Major Bridges IEE BConstruction of Minor or Medium Bridges EXEMPTED CConstruction of Tunnels IEE BRoutine, Recurrent, Periodic, and Emergency Maintenance EXEMPTED CUpgrading, Rehabilitation and Reconstruction of National HighwaysIEEBand Feeder RoadsAny Project which requires Deforestation, Clearance Felling orRehabilitation of National Forest of an Area up to 5 Hectares IEE BAny Project which requires Deforestation, Clearance Felling orRehabilitation of National Forest of an Area more than 5 Hectares EIA AAny Projects which is to be constructed within Sensitive Area(Historical, Cultural and Archaeological; Ecologically Sensitive andWetland Area; National Park, Wildlife Sanctuaries and ConservationArea; Semi-arid, Mountainous and Himalayan Regions; Flood-Proneand other Dangerous Areas; Residential, School and Hospital Areas;Areas that are main source of public water supply)Project with investment cost of Rs. 10 million to 100 millionIEEBProject with investment cost of over Rs. 100 million EIA ASource: EPR, 2054 (Schedule 1& 2 pertaining to Rule 3), and MoPE ‘Additional Notice’, Nepal Gazette August23, 1999. See also Public Works Directives, 2002, Part I, §3.2 (p. 3-1)EIAAChapter 2-6 April 2007
Environmental and Social Management FrameworkThe objectives for Scoping are:• Provide an opportunity for the Proponents, Consultants, relevantauthorities and interested and affected parties to exchange informationand express their views and concerns regarding a proposal before anIEE/EIA is undertaken; and• Focus the study in reasonable alternatives and relevant issues, to ensurethat the resulting IEE/EIA is useful to the decision maker and addressesthe concerns of interested and affected parties, as well as to facilitate anefficient EA process that saves time and resources while reducing the riskof costly delays.STEP 3:TERMS OF REFERENCE FOR EA STUDYThe Rule 5 under Section 2 of the Environmental Protection Rule 1997 requiresthat the project prepares his own ‘Terms of Reference’ in the format prescribed inSchedule 3 before going ahead with an IEE or EIA. The approval of going aheadis given by MoPPW in case of IEEs, and by MoEST in case of EIAs.Accordingly, the ToR Document to be submitted (to either MoPPW or MoEST)should contain adequate information on• Intended project activities, Location and magnitude, beneficiaries• Systematization of working procedures• Delineation of specific activities to be undertaken,• Embedding of the proposed EA study into the context of existing policies,rules and administrative procedures• Setting out of time requirement of expert manpower• Technical guidance to proponent/consultantsThe Proponent responsible for submission of the ToR Report should answer thefollowing questions:• Who will do it?• Why will it be done?• How will it be done?• When will it be done?Experience shows that the provisions given in the EPR with respect to the format(Table 2.4) of the Terms of Reference for EA studies are meticulously to befollowed to avoid rejection of approval and delays in the planning and executionof the proposals.Table 2.4: ToR for EA Studies in Nepal Requiring Approval of MoPPW orMoESTSectionTable of ContentNo.1 Name and address of the individual or institution (proponent) preparing theIEE/EIA report2 Proposals:a. General introductionb. Relevancy of the proposal3 Procedure to be adopted while preparing the IEE report4 Policies, laws, rules, and manuals to be taken into account while preparing theIEE/EIA report5 Preparation of the IEE report:a. Timeb. Estimated budgetApril 2007 Chapter 2-7
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