Government of Nepal Department of Roads, Ministry of Public Infrastructure and Transport and Ministry of Industries, Commerce and Supplies Bangladesh-Bhutan-India-Nepal (BBIN) Multi-phase Programmatic Approach (MPA) Regional Transport and Trade Facilitation Program - Nepal Phase 1 Environmental and Social Management Framework January 2022 Cover Photo: The photo on cover page shows the East-West Highway passing through a community forest near Gorusinghe Contents EXECUTIVE SUMMARY ...................................................................................................................................... 1 1 Background and Rationale for an Environmental and Social Management Framework.................... 11 1.1 Introduction ................................................................................................................................ 11 1.2 Project Description...................................................................................................................... 11 1.3 Rationale and Approach for the Environmental and Social Management Framework .............. 13 1.4 Structure of the ESMF Document ............................................................................................... 14 2 Methodological Framework for Environmental and Social Assessment ............................................ 16 2.1 The sequence of Proposed Activities .......................................................................................... 16 2.2 Step 1: Screening ........................................................................................................................ 17 2.3 Step 2: E&S Studies ..................................................................................................................... 19 2.4 Step 3: Stakeholder Consultations and Disclosure ..................................................................... 26 2.5 Step 4: Submission of E&S Instruments for World Bank and Government Clearance ............... 26 2.6 Step 5: Environmental and Social Requirements in Bidding Documents ................................... 26 2.7 Step 6: Implementation of ESMPs of Subprojects ...................................................................... 30 3 Legal, Regulatory and Administrative Framework.............................................................................. 32 3.1 Relevant Acts, Regulations and Guidelines ................................................................................. 32 3.2 Environmental and Natural Resources Protection ..................................................................... 33 3.3 Road Construction and Land Acquisition .................................................................................... 36 3.4 GoN Policies Supporting Vulnerable Communities (IPs) ............................................................. 39 3.5 World Bank Environmental and Social Framework and EHS Guidelines .................................... 39 4 Baseline Environment ......................................................................................................................... 49 4.1 Influence Area ............................................................................................................................. 49 4.2 Physical Environment .................................................................................................................. 49 4.3 Biological Environment ............................................................................................................... 50 4.4 Socio-Economic and Cultural Profile ........................................................................................... 51 5 Identification of Potential Environmental and Social Impacts and Risks of Subprojects ................... 53 5.1 Overview of Impacts ................................................................................................................... 53 5.2 Positive Impacts .......................................................................................................................... 53 5.3 Adverse Impacts .......................................................................................................................... 54 6 Environmental and Social Impact Management Measures ................................................................ 64 6.1 Introduction ................................................................................................................................ 64 6.2 Phase-wise Mitigation Measures for Environmental and Social Risk and Impacts .................... 64 6.3 During Construction Stage .......................................................................................................... 65 7 Stakeholder Engagement and Consultation ....................................................................................... 92 7.1 Stakeholders Identification and categorization .......................................................................... 92 7.2 Stakeholder Engagement Strategy ............................................................................................. 96 7.3 Stakeholder Engagement Tools .................................................................................................. 97 7.4 Public Disclosure of Information ................................................................................................. 99 7.5 Establishing a Collaborative Partnership Mechanisms between Communities, Local Authorities and the Project Management ............................................................................................................... 100 7.6 Summary of Stakeholder Engagement Activities...................................................................... 100 ESMF of BBIN 1 ii 7.7 Grievance Redressal Mechanism (GRM)................................................................................... 105 8 Project Institutional Framework ....................................................................................................... 109 8.1 Institutional Arrangements for E&S Instrument Preparation and Implementation ................. 109 8.2 Institutional Capacity of DOR .................................................................................................... 109 8.3 Institutional Capacity of MOICS ................................................................................................ 111 8.4 Capacity Building of DOR and MOICS....................................................................................... 111 8.5 Roles and Responsibilities of Implementing Agencies.............................................................. 112 8.6 Budgets for Implementation of ESMF....................................................................................... 113 Annex 1: Environmental and Social Screening Checklists ......................................................................... 114 Annex 2: Environmental ToRs/ToCs.......................................................................................................... 132 List of Tables Table 2.1: Sequence of Proposed Activities for E&S Framework ............................................................... 16 Table 2.2: Potential Categories of Subprojects and E&S Requirements..................................................... 18 Table 2.3: Sample Mitigation Plan .............................................................................................................. 20 Table 2.4: Sample Monitoring Plan ............................................................................................................. 24 Table 2.5: ESHS Conditions in the Bidding Documents .............................................................................. 27 Table 3.1: World Bank ESSs and Relevance to BBIN .................................................................................. 40 Table 3.2: Gap Analysis between WB Environmental and Social Standards and GoN requirements ....... 41 Table 7.1: Main Stakeholders..................................................................................................................... 93 Table 7.2: Stakeholder Engagement Strategy ............................................................................................ 96 Table 7.3: Project Stage and Nature of Participation of PAPs in the Process ........................................... 98 Table 7.4: Summary of Consultation Meetings........................................................................................ 100 Table 7.5: Feedback from Consultations.................................................................................................. 102 Table 8.1: Environmental and Social Staff of PMU/DCID and GESU of DOR............................................ 109 Table 8.2: Roles and Responsibilities in E&S Management of the Project .............................................. 112 Table 8.3: Budget for E&S Implementation ............................................................................................. 113 List of Figures Figure 1.1: Location of Butwal – Gorusinghe- Chanauta Road Section in Nepal ........................................ 13 Figure 7.1: Grievance Redress Mechanism structure in the project cycle ............................................... 108 Figure 8.1: E&S Implementation Arrangements of BBIN 1 ....................................................................... 109 Figure 8.2: The relation of DoR-DCID, DoR-PCU and GESU ...................................................................... 111 ESMF of BBIN 1 iii List of Acronyms AF Affected Families HRD Human Resource Development CBOs Community Based Organizations ICB International Competitive Bidding CBS Central Bureau of Statistics IEE Initial Environmental Examination CDC Compensation Determination Committee IPPF Indigenous Peoples Planning Framework IPDP Indigenous Peoples Development Plan CDO Chief District Officer LAA Land Acquisition Act CF Community Forest LCF Local Consultative Forum CFUG Community Forest User Group LMP Labour Management Procedure CITES Convention on International Trade in LFB Local Forum of Beneficiaries Endangered Species of Wild Fauna and Flora CSC Construction Supervision Consultant LRO Land Revenue Officer DCC District Coordination Committee MoEST Ministry of Environment, Science and Technology DDC District Development Committee MoF Ministry of Finance Deputy Director General of Department of MoFE Ministry of Forest and Environment DDG Roads DFO District Forest Office MoLD Ministry of Local Development DG Director General (of Department of Roads) MoICS Ministry of Industries, Commerce and Supplies DoLI Department of Local Infrastructure MoPIT Ministry of Physical Infrastructure and Transport DoR Department of Roads NEPAP Nepal Environmental Policy and Action Plan DPSU District Project Support Unit NGO Non Governmental Organization DWSC Department of Watershed and Soil NPC National Planning Commission Conservation EA Environmental Assessment NTFP non-timber forest product EIA Environmental Impact Assessment OP Operational Policy EMP Environmental Management Plan PAF Project Affected Families EPA Environmental Protection Act,1996 PAP Project Affected Persons EPR Environmental Protection Rules,1997 PIU Project Implementation Unit (amended 2019) ESF Environment and Social Framework PWD Public Works Directive ESS Environment and Social Standards RAP Resettlement Action Plan ESMF Environmental and Social Management RM Rural Municipality Framework FS Feasibility Study RoW Right of Way GDP Gross Domestic Product RP Resettlement Plan GESU Geo-Environment and Social Unit, DoR RPF Resettlement Policy Framework GIS Geographic Information System SEP Stakeholder Engagement Plan GoN Government of Nepal ToR Terms of Reference GPS Global Positioning System HMIS Highway Management Information System ESMF of BBIN 1 iv EXECUTIVE SUMMARY The Government of Nepal is preparing the Phase 1 of the Bangladesh-Bhutan-India-Nepal (BBIN) Multi- phase Programmatic Approach (MPA) Regional Transport and Trade Facilitation Program -herein referred to as BBIN Nepal Phase 1 (the Project) for World Bank financing. The main objective of the Project is to support the more cost-efficient and resilient movement of goods and people within and across the borders of Nepal along the East-West Highway on the western side – which is key to access India’s western seaports and thus for economic growth. The Project has the following components:  Component 1: Systems to facilitate trade. This component may support the adoption and Implementation of Digital and Automated Systems to facilitate trade, including border management systems: (a) Development of Automated System for Customs Data (ASYCUDA) new modules and (b) Development of an Automated Border Management System (ABMS) are considered.  Component 2: Enhancing Regional Transport and Trade Enabling Infrastructure . This component will support (a) Upgrading of Butwal-Gorusinghe Road section and the Gorusinghe-Chanauta Road section of the East-West Highway from 2 to 4 lanes, (b) Construction of a signature bridge (including detailed design/urban design and construction), (c) Support for development and implementation of a green resilient highway concept, integrating transportation functionality and ecological sustainability, and may support (d) Upgradation of trade facilities such as land ports at critical locations.  Component 3: Capacity building. This component will provide support in streamlining the policy environment for regional trade and cross-border movement of goods through (a) Transport and trade related reforms, (b) Reforms to support local communities, (c) Training programs and capacity building activities, and (d) Project preparation studies. The Department of Roads (DOR) under the Ministry of Public Infrastructure and Transport (MoPIT) is the implementing agency for the road-related works and the Ministry of Industries, Commerce and Supplies (MOICS) is the implementing agency for the trade-related works. The investments proposed in Components 2 are mainly civil works for the upgradation of existing roads from two lanes to four lanes and the construction of new bridges and potentially land port facilities. Key risks and impacts of the Project Based on the consultations and field surveys conducted, the subprojects to be supported by this project and covered by this ESMF are preliminarily assessed to have varying environmental and social risks and impacts, which will be further studied, assessed and validated during the preparation of the ESIAs of those subprojects. The significant impacts will arise from the land acquisition and resettlement, Occupational Health and Safety (OHS) and Community Health and Safety (CHS) including traffic safety, land clearing and cutting of forest vegetation, including potential loss of habitats and biodiversity; and risk of pollution from the construction activities. For road subproject, the upgrading and widening will be carried out within the existing right of way of Gorusinghe-Chanauta Road section. Although, the proposed works for trade facilities are yet to be finalized, they will also largely rehabilitation and improvements of existing infrastructure and ranging from small to medium scale infrastructure. Cultural and historic sites including temples and sacred trees may be threatened by road upgradation. There maybe also increase in labor influx during construction and the consequent social impacts related to it such as gender-based violence, child and forced labor and poor labor and working conditions of workers. Some subprojects may potentially impact physically or economically on Indigenous Peoples (IPs) and vulnerable and disadvantaged groups although the scale is expected to be low to moderate, to the extent they cannot be ESMF of BBIN 1 1 avoided. With the application of mitigation hierarchy and prudent management options incorporated in the planning it is believed that most of these impacts can adequately be mitigated. The ESMF makes provision that subprojects under this project will have an Environmental & Social Management Plan, including, a Resettlement Action Plan, and Indigenous Peoples Development Plan, as required. Environmental and Social Management Framework The Project adopts a framework approach for screening, assessing and managing environmental and social risks and impacts through the use of an Environmental and Social Management Framework report (ESMF). The ESMF is prepared by the DoR along with MoICS to serve as a guide and set out the principles, rules and procedures to screen, assess, manage and monitor the potential environmental and social risks and impacts and to prepare the ESIAs/ESMPs for those subprojects that do not have feasibility and design details yet specifically the Gorusinghe-Chanauta Road section, signature bridge, trading facilities upgradation and other minor works. The environmental and social impacts refer to: (i) any change, potential or actual, to the physical, natural or cultural environment, and (ii) impact on people (including social aspects of labor, health, safety, IPs, disadvantaged and vulnerable groups, equity and security) resulting from the project implementation. The ESMF is prepared based on the World Bank Environmental and Social Framework (ESF), the World Bank Group General EHS guidelines, and Government of Nepal (GON) Environmental Protection Rules (EPR 2020). The ESMF was also guided by the ESMF of DOR, which was prepared and adopted in 2007 and further updated in 2013 with World Bank support. Along with this ESMF, a Resettlement Policy Framework (RPF) and an Indigenous Peoples Planning Framework (IPPF) are also prepared to guide the preparation of Resettlement Action Plans (RAPs) and Indigenous Peoples Development Plan (IPDP) for the proposed subprojects. For the proposed Butwal – Gorusinghe (BG) Road section, a separate Environmental and Social Impact Assessment (ESIA) following this ESMF was conducted between August 2021 and January 2022 following a detailed feasibility study, and this document will be publicly disclosed prior to the appraisal of the project. The framework integrates into a step-wise approach the most important environmental and social considerations at all stages of project preparation, implementation, monitoring and operation and is applicable to all future sub-projects funded under the BBIN1. The key steps to be followed for E&S management of each sub-project are as follows. Step1: Screening of the proposed subprojects to assess the requirement of Environmental and social management instruments to be prepared (IEE or EIA for the government and ESIA/RAP/IPDP for the World Bank) for the subprojects. Step2: E&S Studies –preparation of ESIA/RAP for the World Bank and EIA or IEE for the MoFE. Primary baseline environmental data of the project influence area (covering physical, chemical, biological and socioeconomic environment) will be collected. Scoping Report and ToRs for subprojects that require EIAs (for the government) will be prepared. Census surveys of the affected households will be also carried out. Assessment of impacts and their significance, and development of mitigation measures will be undertaken to prepare ESIAs/RAPs/IPDPs for the World Bank, and IEE or EIA for the government. Step3: Consultations with the stakeholders (including affected communities) prior to E&S studies and after completion of draft ESIA/IEE/EIA and RAP will be conducted. The ESIAs/ESMPs and RAPs (including translated summaries) and other necessary E&S instumrnts will be disclosed on DOR and MOICS websites as well as WB website. ESMF of BBIN 1 2 Step4: The ESIAs/ESMPs, RAPs and other necessary E&S instruments will be submitted to the World Bank, and IEEs will be submitted for the MOPIT/MOICS approval. Submission of EIAs for the MOFE Approval will be also required. Step 5: Preparation of environmental and social specifications for bidding documents, including preparation of BOQs and inclusion of ESMP in the bidding documents. Step 6: Contractors will develop site-specific construction-ESMPs and OHS Plans and will implement them. Regular monitoring and reporting of compliance by the Construction supervision consultants and E&S staff of the PMUs will be undertaken. Step 7: Preparation of regular monitoring reports on the performance of ESMP implementation of the subprojects Step 8: Post-construction audits of the projects whose EIAs were approved by MOFE. Stakeholder consultation Public participation, consultation and information dissemination in a project will be an integral part in all environmental and social impact assessment activities during the initial phases of project preparation. A detailed project stakeholder engagement plan (SEP) is being prepared and contain detailed procedures and strategies by which the DoR and MoICS will consult with project stakeholders. Preliminary consultations have been carried out with various key institutional and community stakeholders, including federal government ministries, provincial and municipal authorities, Divisional Forest Authorities, and Forest User Groups. Key issues highlighted during preliminary consultation are potential social distortion during construction, consideration of public safety, local employment generation, pollution management, forest conservation and tree plantation, protection of temples, proper drainage, crossing structure for people and wildlife. These initial feedbacks and suggestions were incorporated in the main report. The project has the estalibshed GRM which can be accessed by any stakeholder and housholds to address project-related grievance including Sexual exploitation and abuse and sexual harassment (SEA/SH). The GRM to address grievance related to workers will be also established as per ESMF and LMP. Key Gaps between GoN and ESF The ESMF has included a gap analysis between the GoN requirements vis-à-vis WB ESF. The analysis indicated that each World Bank ESS has counterpart country legislations except that some of these legislations are not formally covered in the EIA scope and process. The main gap is that the relevant provisions of these laws are not yet integrated into the EIA process, both in terms of formal regulations or guidelines and in practice. Naturally, the agencies that are mandated to implement these laws are also not involved in the EIA process, even as oversight during project implementation. In terms of the specific requirements of the ESSs, the critical gaps identified include the following: 1) Although each ESS has a counterpart law, the current Screening protocol under the country EIA system does not examine relevant risks and impacts with respect to these laws (such as health & safety), hence do not cover all standards; 2) Natural habitats are not specifically required to be assessed in the EIA nor require Biodiversity Management Plan even where biodiversity impact is found significant in the EIA 3) Resettlement Action Plan (RAP) is not required. The eminent domain land acquisition procedure is already fixed by law hence it does not afford for the consideration of participatory planning or for compensation options with the affected people; ESMF of BBIN 1 3 4) Although the government recognizes Indigenous People and respect their rights, the current system does not require preparation of an IP plan or obtaining free, prior and informed consent, where situation dictates that these should be required; and, 5) Partly as a result of non-involvement of the agencies mandated to implement them, occupational health and safety standards and community health and safety are weakly enforced, with impacts and risks to community health and safety often also poorly assessed. These gaps are addressed in this ESMF to meet the requirements of the ESF, including the preparation, adoption and implementation of the RPF, IPDF, Stakeholder Engagement Plan (SEP), and Labor Management Procedures (LMP). The ESMF has also adopted the most stringent requirements, where gaps exist between country’s E&S risk assessment and management system vis-à-vis the World Bank ESF. Institutional Arrangement The road works will be implemented by DOR, and trade-related works will be implemented by MOICS. The DCID in the DOR will act as the PMU, and a new PMU will be established in the MOICS. The PMUs will hire environmental and social staff for implementation of the ESMF, hire environmental and social consultants to prepare the required E&S instruments, and contractors with adequate environmental, health and safety (ESHS) specialists for implementation of the subprojects. DOR has extensive experience in working with the World Bank and other donor-funded projects. It has a permanent Geo-Environment and Social Unit (GESU) with four environmental and social staff. The DCID, which will act as the PMU, has four existing environmental and social staff. MOICS is a longtime client and partner of the World Bank and is quite familiar with Bank safeguard policies and Bank processes. It currently implements Nepal-India Regional Trade and Transport Project (NIRTTP) and other donor-funded projects. It has a good experience, performance and acceptable track record in implementing the ESMP for trade-related projects and other infrastructures, including implementing ESMPs. This ESMF has 8 chapters:  Chapter 1 introduces the project, its components and its strategic relevance to the GoN.  Chapter 2 covers the methodological framework for carrying out environmental and social assessment studies and its integration into the project cycle, including environmental and social screening of subprojects.  Chapter 3 summarizes the legal acts, policies, regulations and guidelines of the GoN and the World Bank’s Environmental and Social Standards that are relevant and applicable to the project.  Chapter 4 describes the baseline environmental and social features in the BBIN 1 project area.  Chapter 5 covers the analysis of potential environmental and social risks and impacts of road projects.  Chapter 6 provides the environmental and social management framework and measures employing mitigation hierarchy (avoid, minimize, mitigate and compensate) to manage environmental and social risks and impacts. This chapter also highlights the good practices that the DoR has used for managing environmental and social risks and impacts in other road projects it implements.  Chapter 7 covers stakeholder engagement, consultations and disclosure of information all throughout the ESIA process and during the implementation of the project. The stakeholder engagement process is further elaborated in the Standalone SEP prepared for the project.  Chapter 8 describes the institutional framework for implementing the ESMF and the capacity building program of DOR and MOICS. ESMF of BBIN 1 4 The project will also allocate sufficient resources to implement this ESMF, including staffing and capacity building of the DOR and MOICS. ESMF of BBIN 1 5 sfo{sf/L ;f/f+z g]kfn ;/sf/n] ljZj a}+ssf] C0f ;xof]u af6 a+unfb]z e'6fg ef/t g]kfn, ax'r/0fLo sfo{qmdfTds b[li6sf]0f If]qLo ;8s tyf Aofkf/ ;xhLs/0fcfof]hgf cGtu{t klxnf] r/0fsf] -h;nfO{ ca pk/fGt aL=aL=cfO{=Pg–! - BBIN-1_ jf cfof]hgf pNn]v ul/g]5_ sfof{Gjog ug{sf nflu tof/ ul/+b} 5 . cfof]hgfsf] d'Vo p2]Zo k"j{ klZrd /fhdfu{sf] klZrd tkm{ l;dfgfsf] jfl/kf/L Aofkf/ kf/jfxg ;fy} dflg;x?sf] ;xh cfjt hfjtsf] nflu Go"g nfutdf clws k|ltkmnsf ;fy} hnjfo' cg's'nLt ljsf;df 6]jf k'¥ofpg' /x]sf] 5 . o; cfof]hgfsf lgDg 36sx? /x]sf 5g\ . 36s !M Aofkf/ ;xhLs/0f k|0ffnLM o; 36s cGtu{t Aofkf/nfO{ ;xhLs/0f ul/ ;Ldf Aoj:yfkg ug{ l8lh6n / :jrflnt k|0ffnLx?sf] k|of]u ul/g] 5 . -s_ eG;f/ tYofÍ Aoj:yfkg k|of]hgsf] nflu gofF df]8\o'nsf] :jrflnt k|0ffnLsf] ljsf; ug{' . -v_ :jrflnt ;Ldf Aoj:yfkg k|0ffnLsf] ljsf; ul/ ;dfj]z ug{' . { klZrd /fhdfu{ cGtu{tsf] a'6jn– 36s @M If]qLo oftfoft / Aofkf/ k"jf{wf/sf] a[l4 ub}{ ;'wf/ ug{'M -s_ k"j– uf]?l;+3]–rgf}6f v08nfO{ xfnsf] @ n]gaf6 $ n]gdf :t/f]GgtL ul/g] . -v_ ltgfp k'nsf] lgdf{0f -lj:t[t l8hfOg÷zx/L l8hfOg tyf lgdf{0f_ . -u_ oftfoft sfo{Ifdtf / kfl/l:ys lbuf]kg -ecological sustainability_ nfO{ dWogh/ ul/ xl/t d}qL /fhdfu{ lgdf{0f ug]{ cjwf/0ffsf] sfof{Gjogsf] nflu ;xof]u ul/g] . -3_ ;+j]bgzLn tyf dxTjk"0f{ :yfgdf Aofkf/ ;'ljwfx?sf] :t/f]GgtL ul/g] . 36s #M o; 36s cGtu{t If]qLo tyf ;Ldf kf/jfxg ;DaGwL lgtLx?nfO{ ;'Aojl:yt ub}{ -s_ oftfoft tyf Aofkf/ ;DaGwL lgtLx?sf] ;'wf/ -v_ :yfgLo ;d'bfonfO{ ;xof]u k'Ug] ul/ oftfoft If]qsf] ;'wf/ -u_ tflnd tyf Ifdtf clea[l4 -3_ cfof]hgf tof/Lsf nflu cWoog . ef}lts k"jf{wf/ tyf oftfoft dGqfno cGtu{t /x]sf] ;8s ljefu of] cfof]hgf sfof{Gjogsf] nflu k|d'v lgsfo xf] eg] pBf]u, jfl0fHo tyf cfk"lt{ dGqfnon] Aofkf/ tyf kf/jfxg ;DaGwL sfo{qmdx? sfof{Gjog ug]{5 . 36s @ cGtu{t k|:tfljt nufgL d'VotofM laBdfg @ n]g ;8snfO{ $ n]gdf :t/f]GgtL ug{ ef}lts ;+/rgfx?sf] lgdf{0f ug{, gofF k"nx? lgdf{0f ug{ / ;Defljt ;'Vvf aGb/ufxx?sf] :t/f]GgtLsf] ;fy} gofF lgdf{0f ul/g]5 . k|:tfljt a'6jn–uf]?l;+3] v08sf] cWoog kZRoft cui6 @)@! b]lv hgj/L @)@@ ;do l;dfdf jftfj/0fLo tyf ;fdflhs k|jfx d'NofÍg k|ltj]bg tof/ ul/, ljZj a}+saf6 cfof]hgfsf] d'NofÍg x'g' cufj} ;j{;fw/0fnfO{ cfof]hgf ;DaGwL ;';"lrt ul/ k|ltj]bg ;fj{hlgs ul/g]5 . uf]?l;+3]–rgf}6f v08 cGtu{t k|ltli7t k'n -signature bridge_ / ;'Vvf aGb/ufxx?sf] -olb ;dfj]z ul/g] v08df_ nflu lj:t[t ;DefAotf cWoog / :yfg 5gf}6sf] sfo{ eg] afFsL g} /x]sf] 5 . o; jftfj/0f tyf ;fdflhs Aoj:yfkg ?k/]vf -ESMF_ n] d'VotofM cfof]hgf d'NofÍgsf] r/0fdf ;d]l6g g;s]sf ljleGg pk–cfof]hgfx?sf] :yfg 5gf}6 geO{ lj:t[t cWoog tyf l8hfOg gul/Psf / jftfj/0fLo tyf ;fdflhs k|efjx?sf] cWoog ug{ afFsL /x]sf cfof]hgfx?sf] k|f/DeLs d'NofÍg tyf jftfj/0fLo tyf ;fdflhs hf]vLd÷k|jfxx?sf] d'NofÍg tyf Aoj:yfkgsf nflu dfu{lgb]{zg ug{ ;xh xf];\ eGg] clek|fon] tof/ ul/Psf] xf] . of] jftfj/0fLo tyf ;fdflhs Aoj:yfkg ?k/]vf k|ltj]bg ljZj a}+ssf] jftfj/0fLo tyf ;fdflhs ?k/]vf, ljZj a}+s ;d"xsf] :jf:Yo tyf ;'/Iff ;DaGwL lgb]{zLsf tyf g]kfn ;/sf/sf] jftfj/0f ;+/If0f lgodfjnL @)&& cg';f/ tof/ kfl/Psf] 5 . o; jftfj/0fLo tyf ;fdflhs Aoj:yfkg ?k/]vfnfO{ ljZj a}+ssf] ;xof]udf kl/dflh{t ul/Psf] ;8s ljefusf] jftfj/0fLo tyf ;fdflhs Aoj:yfkg ?k/]vf @))& -kl/dflh{t ;g\ @)!#_ n] lglb{i6 ul/Psf] 5 . o; ESMF ;+u ;+u} k|:tfljt pk–kl/of]hgfx?sf] nflu oyf]lrt cfjf; sfo{of]hgf -RAP_ / cflbjf;L hghflt ljsf; of]hgf -IPDP_ sf] tof/LnfO{ dfu{lgb]{zg ug{ Ps oyf]lrt cfjf; gLlt ?k/]vf -RPF_ / cflbjf;L hghflt of]hgf ?k/]vf -IPPF_ ;d]t tof/ ul/g]5 . k|d'v hf]lvd / k|jfxx? ESMF of BBIN 1 6 xfn} ul/Psf] k/fdz{ / :ynut ;j]{If0fsf] cfwf/df k|:tfljt BBIN cGtu{t pk–cfof]hgfx?, /fhdfu{ tyf Aofkfl/s ;'ljwfx?sf] :t/f]GgtL tyf k'n lgdf{0f OToflb pk–cfof]hgfx?n] ljleGg jftfj/0fLo tyf ;fdflhs k|efj kfg]{ b]lvG5 . hUuf cleu|x0f tyf oyf]lrt cfjf; Aoj:yfkg, ;fd'bflos :jf:Yof tyf Aoj;flos :jf:Yo / ;'/Iff nufot 6«flkms ;'/Iff, ag ag:klt s6fg lgdf{0f sfo{x?af6 pTkGg k|b'if0fsf] hf]lvdaf6 dxTjk"0f{ k|jfxx? pTkGg x'g] b]lvG5 . a'6jn–uf]?l;+3]–rgf}6f ;8s :t/f]Gglt pk–cfof]hgf v08sf] sfo{ ljBdfg ;8s ljefun] k|:tfljt l;df/]vf -ROW_ leq g} l;ldt /xg] 5 . oBlk k|:tfljt Aofkfl/s ;'ljwf ;'4[lws/0fsf pk–cfof]hgfx? 6'+uf] nfUg afFsL ePtf klg o; cGtu{t d'Votof ljBdfg k"jf{wf/x?df ;fgf tyf demf}nf k|s[ltsf] ;'wf/ / :t/f]GgtLsf sfo{x? ;dfj]z /xg] 5 . ;8s :t/f]GgtLn] ;f+:s[lts tyf P]ltxfl;s :ynx? nufot d7 dlGb/, wfld{s cf:yfsf ?vx?df IftL k'Ug] b]lvG5 . lgdf{0fsf] qmddf jfXo >ldsx?sf] cfjfudgn] ;fdflhs ;+/rgfdf k|efj kl/ To;af6 l;lh{t k|jfx? h:t} n}lËs lx+;f, afn >d zf]if0f, tyf cAojl:yt sfo{z}nLx?df a[l4 x'g;Sg] b]lvG5 . sltko cfof]hgfx?df ;Defljt ?kdf cflbjf;L, hghftL tyf ;d'bfo / sdhf]/ tyf ljkGg ;d'xx?df ef}lts tyf cfly{s ?kdf k|jfx kg{ ;Sg] b]lvG5 / o;sf] k|jfx Go"g b]lv dWod x'g] ck]Iff ul/P tfklg lolgx?nfO{ gsfg{ ;ls+b}g . oL clwsf+z pNn]lvt gsf/fTds k|jfxx?nfO{ pk–cfof]hgfdf ;dfj]z ul/Psf ljj]sk"0f{ Aoj:yfkg ljsNkx?af6 kof{Kt ?kdf Go"lgs/0f ug{ ;lsg] ljZjf; lnO{Psf] 5 . of] ESMF df o; sfo{qmd cGu{t k|:tfljt ;a} ;8s pk–cfof]hgfcx?df cfjZoQmf cg'?k oyf]lrt cfjf; sfo{of]hgf, cflbjfl; hghftL ljsf; of]hgf ;lxtsf] jftfj/0fLo tyf ;fdflhs of]hgf k|ltj]bgx? agfpg'kg]{ k|fjwfgx?sf] ;'lglZrttf ul/Psf] 5 . jftfj/0f tyf ;fdflhs ?k/]vf of] jftfj/0f tyf ;fdflhs ?k/]vf k|ltj]bg ;8s ljefu / pBf]u, afl0fHo tyf cfk"lt{ dGqfnosf] ;+of]hsTjdf tof/ kfl/Psf] 5 . o; ?k/]vfn] s'g}klt pk–cfof]hgfsf] jftfj/0f tyf ;fdflhs k|jfxx?sf] k|f/lDes tyf lj:t[t d''NofÍg cWoog ug{ cfjZos l;4fGt, lgod tyf sfg"gx?sf] k|ltkfbg ul/ k|lqmofnfO{ lbzf lglb{i6 ug]{ ub{5 . o; ?k/]vfn] uf]?l;+3]–rgf}6f ;8s / ltgfp vf]nfdf signature bridge lgdf{0f, Aofkfl/s ;'ljwfx?sf] ;'4l[ ws/0f tyf :t/f]GgtL / cGo ;–;fgf pk–cfof]hgfsf sfo{x?sf] nflu cfjZos kg]{ ESRA/ESMP k|ltj]bgx? tof/ kfg{sf nflu ;d]t lglb{i6 ug]{5 . jftfj/0f tyf ;fdflhs k|jfx eGgfn] lgDg s'/fx?nfO{ hgfpFb5 . -s_ ef}lts, k|fs[ltt jf ;f+:s[lts jftfj/0fdf s'g}klg kl/jt{g, -v_ cfof]hgf k|jfxaf6 dflg;df kg]{ k|jfx? ;dfj]z ul/ ->d :jf:Yo ;'/Iff, ljkGg ju{, ;fdflhs hf]lvddf /x]sf] ju{, ;dtf tyf ;'/Iff OToflb_ a'6jn / uf]?l;+3] ;8s v08sf] ESIA k|ltj]bg tof/ ul/Psf] 5 / pQm k|ltj]bg BBIN-1 cfof]hgfsf] d'NofÍg x'g' k"j{ g} ;j{;fw/0fsf] hfgsf/Lsf] nflu ;fj{hlgs ul/g] 5 . cfof]hgf, tof/L, sfof{Gjog, cg'udg / ;+rfngsf qmddf dxTjk"0f{ jftfj/0f tyf ;fdflhs kIfx?nfO{ BBIN- 1 cGtu{t nfu' x'g] ;a} pk–cfof]hgfx?df ;d]l6 o; ESMF sf k|fjwfgx? r/0fa4 ?kdf nfu' ul/g] 5 . k|To]s pk–cfof]hgfsf] ESF Aoj:yfkgsf] nflu kfngf ug'{kg]{ d'Vo r/0fx? lgDg cg';f/ 5g\ . k|yd r/0fM pk–cfof]hgfx?sf] k|f/lDes jftfj/0fLo tyf ;fdflhs cWoog ul/ tof/ ug{'kg]{ k|ltj]bg÷b:tfj]hx?sf] d'NofÍg -g]kfn ;/sf/sf] nflu IEE jf EIA tyf ljZj a}{ssf] nflu ESIA/RAP/IPPD_ l4lto r/0fM jftfj/0f tyf ;fdflhs k|jfx d'NofÍg ljZj a}+ssf] nflu ESIA/RAP/IPF OToflb tyf g]kfn ;/sf/sf] nflu EIA jf IEE . cfof]hgf k|efljt If]qsf] k|fylds cfwf/e"t jftfj/0fLo tYofÍ -ef}lts, /f;folgs, h}ljs / ;fdflhs cfly{s jftfj/0f_ ;+Íng ul/g] 5 . g]kfn ;/sf/sf] EPA/EPR sf] k|fjwfg cg'?k EIA ESMF of BBIN 1 7 cWoog k|ltj]bgsf] nflu rflxg] scoping tyf Terms of Reference (ToR) k|ltj]bg . o;sf] ;fy ;fy} k|efljt 3/kl/jf/sf] hgu0fgf ;fy} 3/w'/L klg ;j]{If0f ul/g] 5 . ljZj a}+ssf] nflu ESIA/RAPs/IPPDs / g]kfn ;/sf/sf] nflu IEE jf EIA k|ltj]bg tof/ ug{ k|jfxx? / ltlgx?sf] dxTjsf] d'NofÍg / Go"gLs/0fsf pkfox? k|:tfljt ul/g] 5 . t]>f] r/0fM E&S cWoog ug'{ k"j{ / ESIA/EIA / RAP sf] d:of}bf tof/ eP kZRoft ;/f]sf/jfnfx? -k|efljt ;d'bfox? ;lxt_ cWoogsf bf}/fgdf ;+slnt÷pknAw tYof+Í tyf lgisif{x?sf] af/]df 5nkmn / d'Vo d'Vo ;'emfjx?nfO{ eljiodf sfof{Gjogsf nflu ESIA/EIA k|ltj]bgdf ;dfj]z ul/g]5 . ESIAs/ESMPs / RAPs sf k|ltj]bgx?sf ;fy} g]kfnLdf cg'jfb ul/Psf sfo{sf/L ;f/f+z nufot cGo E&F ;DaGwL b:tfj]hx? ;8s ljefu / pBf]u, jfl0fHo tyf cfk"lt{ dGqfnosf] j]j;fO6 df ;j{;fw/0fsf] kx'+rsf] nflu ;fj{hlgs ul/g]5 . rf}yf] r/0fM ESIAs/ESMPs / RAPs nufot cGo b:tfj]hx? ljZj a}+sdf k]z ul/g]5 . IEEs k|ltj]bg ef}lts k"jf{wf/ tyf oftfoft dGqfno÷pBf]u, jfl0fHo tyf cfk"lt{ dGqfnodf :jLs[ltsf] nflu k]z ul/g] 5 . EIA k|ltj]bx?sf] ;Gbe{df jg tyf jftfj/0f dGqfnodf k]z ul/ cfjZos :jLs[lt klg lng'kg]{ 5 . kfFrf} r/0fM jf]nkq b:tfj]hdf ;dfj]z ug{ jftfj/0fLo / ;fdflhs ljlgb]{z -specification_ tof/ ul/ BoQ tof/ ul/g]5 / ESMP nfO{ klg af]nkq b:tfj]hdf ;dfj]z ul/g]5 . 5}7f}+ r/0fM 7]s]bf/x?n] site specific construction-ESMP (C-ESMP) / OHS b:tfj]hx? tof/ ug]{5g\ / ltlgx?sf k|fjwfg / ljBdfg k|fjwfgx?nfO{ cfof]hgf sfof{Gjog r/0fdf nfu' ug]{5g\ . lgdf{0f ;'kl/j]If0f k/fdz{bftf / PMUs sf E&S sfd{rfl/x? åf/f cg'kfngsf] lgoldt cg'udg ul/ l/kf]l6{Ë ul/g]5 . ;ftf}+ r/0fM pk–cfof]hgfx?sf] ESMP sfof{Gjogsf] sfo{;Dkfbgdf lgoldt cg'udg ul/ k|ltj]bg tof/ ul/g]5 . cf7f}+ r/0fM jg tyf jftfj/0f dGqfnoåf/f EIAs :jLs[t ePsf pk–cfof]hgfx?sf] lgdf{0f kl5sf] jftfj/0fLo tyf ;fdflhs kl/If0f -Environment and Social Audit_ ul/g] 5 . ;/f]sf/jfnfx? ;+usf] k/fdz{ cfof]hgf tof/Lsf] k|f/lDes r/0fdf ;a} jftfj/0fLo / ;fdflhs k|efj d'NofÍg ultljwLx?df hg ;xeflutf, k/fdz{ / ;"rgf k|jfx÷k|;f/0f ;/f]sf/jfnfx? ;+usf] k/fdz{sf cleGg c+ux? x'g\ . SEP tof/ ul/g]5 / b:tfj]hdf k/fdz{sf nflu rflxg]] lj:t[t k|lqmof / /0fgLltx? ;dfj]z ul/Psf] x'g]5 / o; b:tfj]hn] lglb{i6 u/] cg'?k ;8s ljefu / pBf]u, jfl0fHo tyf cfk"lt{ dGqfnon] cfof]hgfsf ;/f]sf/jfnfx? ;+u k/fdz{ ug]{5g\ . k|f/lDes k/fdz{n] ljleGg k|d'v ;+:yfut / ;fd'bflos ;/f]sf/jfnfx? ;+u ;+nUgtf ul/Psf] 5 / h;df ;+3Lo ;/sf/sf dGqfnox?, k|b]z / gu/kflnsf÷ufpFkflnsfsf clwsfl/x?, l8lehgn jg sfof{n, jg k|of]ustf{ ;d"xx? ;dflji6 5g\ . k|f/lDes k/fdz{df p7fO{Psf d'Vo d'Vo a'+bfx? o;k|sf/ /x]sf 5g\ M lgdf{0fsf qmddf b]lvg] ;Defljt ;fdflhs ljs[lt, ;fdflhs ;'/Iff, :yflgo /f]huf/L l;h{gf, k|b'if0f Aoj:yfkg, jg ;+/If0f a[Iff/f]k0f, d7–dlGb/sf] ;+/If0f, plrt 9n lgsf;, ;dfhsf ;a} ju{÷tksfsf dflg; tyf jGohGt'÷3/kfn'jf rf}kfofx?sf] nflu ;8s kf/ ug]{ ;+/rgfx? OToflb . oL k|f/lDes k|ltlqmof ;'emfjx? d'Vo k|ltj]bgdf ;dfj]z ul/;s]sf 5g\ . cfof]hgfn] u'gf;f] ;'g'jfO{ ;+oGq -GRM_ sf] :yfkgf ul/;s]sf] 5 . s'g}klg ;/f]sf/jfnf cyjf 3/w'/L÷kl/jf/åf/f n}lËs lx+;f -GBV_ nufot cfof]hgf ;DaGwL u'gf;fx? ;Daf]wg ug{ of] ;+oGq ;j{;fw/0fsf] nflu kx'+rof]Uo klg /x]sf] 5 . o; ESMF cg';f/ sfdbf/x?sf] u'gf;fx? ;Daf]wg ug{ klg GRM sf] :yfkgf ul/g] 5 . g]kfn ;/sf/sf] EPA/EPR / ljZj a}+ssf] ESF ljrsf] d'Vo cGt/x? ESMF of BBIN 1 8 o; ESMF n] g]kfn ;/sf/sf k|fjwfgx?sf ;fy} ljZj a}+ssf] ESF larsf] cGt/ ljZn]if0f ul/ ;dfj]z ul/Psf] 5 . ljZn]if0f cg';f/ k|To]s ljZj a}+ssf] ESS df ;dsIfLo :jb]zL sfg"gx? ljBdfg 5g\ eg] s]lx sfg"g tyf k|fjwfgx? cf}krfl/s ?kdf EIA sf] bfo/f / k|lqmofdf ;d]l6Psf 5}gg\ . oL sfg"gsf ;fGble{s k|fjwfgx?, cf}krfl/s lgod nufot lgb]{zLsfx? b'j} EIA k|lqmofdf Aojxfl/s ?kdf Plss[t ul/Psf 5}gg\ / of] g} b'j} larsf] d'Vo cGt/ xf] . :jefljs ?kdf oL sfg"gx? nfu' ug{ lhDd]jf/ lgsfox?, kl/of]hgf sfof{Gjogsf] qmddf lgl/If0f u/] tfklg EIA k|lqmofdf ;+nUg 5}gg\ . ESS sf ljz]if k|fjwfgx?sf] ;Gbe{df s]lx dxTjk"0f{ cGt/x? lgDgfg';f/ /x]sf 5g\ . -s_ oBlk k|To]s ESS df Ps ;dslIfo sfg"g ljBdfg eP tfklg b]zsf] EIA k|0ffnL cGu{t xfnsf] screening protocol n] oL sfg"gx? -h:t} :jf:Yo / ;'/Iff_ sf] ;Gbe{df ;fGble{s hf]lvd / k|jfxx?sf] d'NofÍg ub}{g, To;}n] ;a} dfkb08x? ;dfj]z ub}{g . -v_ k|fs[lts jf;:yfg ljz]if ?kdf EIA df d'NofÍg ug{ cfjZos dflg+b}g / EIA k|ltj]bg cg';f/ h}ljs ljljwtfdf ljz]if k|jfx b]lvP tfklg h}ljs ljljwtf Aoj:yfkg of]hgf -biodiversity managemetn plan_ tof/ ug'{ kb}{g . -u_ oyf]lrt cfjf; sfo{of]hgf -RAP_ sf] cfjZoQmf gkg'{ . hUuf clwu|x0f k|lqmof klxn] g} sfg"g åf/f to ul/Psf] / kmn:j?k hg;xeflutf jf k|efljt AolQm ljz]ifx? ;+u Ifltk"lt{sf ljsNkx? dfly yk 5nkmn÷ljrf/ dGyg ug{ cfjZos gb]lvg' . -3_ oBlk ;/sf/n] cflbjf;L hghfltx?nfO{ dfGotf lbPsf] 5 / pgLx?sf] clwsf/sf] klg ;Ddfg u/]sf] 5 . t/ xfnsf] k|0ffnLn] IP Plan / free, prior and informed consent (FPIC) nflu kl/l:yltn] cfjZos 5 elg lgb]{zg u/] tfklg o;nfO{ ulDe/ ?kdf ljrf/ u/]sf] b]lv+b}g . -ª_ ;fd'bflos :jf:Yo / ;'/Iffdf kg]{ k|efjx? / hf]lvdx? k|lt sdhf]/ ?kdf d'NofÍg ul/Psf] 5 . o;sf] k|d'v sf/0f oL k|fjwfg sfof{Gjog ug]{ lgsfox? ;+u cf+lzs ?kdf ;+nUgtf gePsf] sf/0f Aoj;flos :jf:Yo / ;'/Iff dfkb08x? / ;fd'bflos :jf:Yo / ;'/Iff sdhf]/ ?kdf nfu' ePsf 5g\ . RPF, IPDF, SEP, >d Aoj:yfkgdf k|lqmof -EMP_ tof/L tyf sfof{Gjogsf qmddf b]lvPsf cGt/x?nfO{ o; ESMF n] ESF sf k|fjwfgx? ;dfj]z ul/ ;Gaf]wg u/]sf] 5 . ;+:yfut Aoj:yf ;8s lgdf{0f ;DaGwL sfo{x? ;8s ljefu / Aofkf/ ;DaGwL sfo{x? pBf]u, afl0fHo tyf cfk"tL{ d+qfno åf/f sfof{Gjog ul/g] 5 . ;8s ljefudf ljsf; ;fxfotf sfof{Gjog dxfzfvfn] kl/of]hgf Aoj:yfkg PsfO{sf] ?kdf sfd ug]{5 / pBf]u, afl0fHo tyf cfk"tL{ d+qfnodf gofF kl/of]hgf Aoj:yfkg PsfO{ :yfkgf ul/g] 5 . kl/of]hgf Aoj:yfkg PsfO{x?n] ESMF sf] sfof{Gjogsf nflu jftfj/0fLo / ;fdflhs ljz]if1x? lgo'lQm ug]{5g\ . cfjZos E&S cjwf/0ffx? tof/ ug{ jftfj/0fLo / ;fdflhs k/fdz{bftfx? / pk–cfof]hgfx?df E&S k|fjwfgx? sfof{Gjogsf nflu kof{Kt jftfj/0fLo, :jf:Yo / ;'/Iff -ESHS_ ljz]if1x? ;dfj]z ul/Psf 7]s]bf/x? lgo'Qm ul/g] 5g\ . ;8s ljefu l;t ljZj a}+s nufot cGo bft[ lgsfox? ;+u cfof]hgfdf sfd u/]sf] Aofks cg'ej 5 . ;8s ljefudf rf/ jftfj/0fLo / ;fdflhs sd{rfl/x? ;lxtsf] :yfoL e"–kof{j/0f / ;fdflhs PsfO{ -GESU_ :yflkt 5. ljsf; ;fxfotf sfof{Gjog dxfzfvfdf -h;n] kl/of]hgf Aoj:yfkg PsfO{sf] e"ldsf lgjf{x ug]{5_ rf/ ljBdfg jftfj/0fLo / ;fdflhs sd{rfl/x? 5g\ . pBf]u, afl0fHo tyf cfk"tL{ d+qfno / ljZj a}+s larsf] ;fem]bfl/ w]/} nfdf] ;do b]lv /lx cfPsf] 5 / a}+s ;'/Iff gLltx? / a}+lsË k|lqmofx? ;+u lr/kl/lrt klg /x]sf] 5 . d+qfnon] xfn g]kfn ef/t If]qLo Aofkf/ tyf oftfoft kl/of]hgf -NIRTTP_ sfof{Gjog ul//fv]sf] 5 . o;sf ;fy} cGo bft[ lgsfox? åf/f cg'bfg k|fKt cfof]hgfx? klg sfof{Gjog ul/ /fv]sf] 5 . dGqfno ;+u Aofkf/ ;DaGwL ESMF of BBIN 1 9 cfof]hgfx? / ESMPs sfof{Gjog ;lxt cGo k"jf{wf/x?sf] nflu ESMP sfof{Gjogdf /fd|f] cg'ej ;+ufnL :jLsfo{ sfo{ ;Dkfbg u/]sf] kfO{Psf] 5 . o; ESMF df cf7 j6f cWofo 5g\ . cWofo ! df cfof]hgf, o;sf cfjojx? tyf g]kfn ;/sf/;+usf] /0fg}lts ;DaGwsf] af/]df rrf{ 5 . cWofo @ df jftfj/0fLo tyf ;fdflhs d'NofÍg cWoog tyf laleGg pk–cfof]hgfx?sf] :qmLlgË / o;nfO{ kl/of]hgf rqmdf ;dfljZ6 ug]{ ;DaGwL sfo{ljwLsf] af/]df pNn]v 5 . cWofo # df g]kfn ;/sf/sf] ljBdfg gLlt lgod / lgb]{zLsfx? tyf ljZj a}ssf] jftfj/0fLo tyf ;fdflhs ;'/If0f ;DaGwL dfkb08x? tyf cfof]hgf sfof{Gjog ug{ ltgLx?sf] pkof]uLtf af/]df rrf{ 5 . cWofo $ df aL=aL=cfO{=Pg cfof]hgf :ynsf] ljBdfg jftfj/0fLo tyf ;fdflhs cj:yfsf] af/]df hfgsf/L 5. cWofo % df ;8s cfof]hgf lgdf{0fsf] sf/0f kg{ ;Sg] ;Defljt jftfj/0fLo tyf ;fdflhs k|efj tyf hf]lvdsf] cf+sngsf] af/]df pNn]v 5 . cWofo ^ df jftfj/0fLo tyf ;fdflhs Aoj:yfkg ?k/]vf tyf jftfj/0fLo tyf ;fdflhs k|efj d'NofÍg / c;/ sd ug{sf nflu Go"gLs/0fsf txx? -x6fpg], 36fpg], Go"gLs/0f ug]{ tyf Ifltk"lt{ lbg]_ cjnDag ug]{ af/]df pNn]v 5 / ;o v08df ;8s ljefudf o; cuf8L k|of]udf NofO{Psf] ;8s cfof]hgfsf /fd|f l;sfO{ tyf kf7x?nfO{ ;fdflhs k|efj d'NofÍg / c;/ sd ug{sf nflu pkof]u ug]{ af/]df pNn]v 5 . cWofo & df jftfj/0fLo tyf ;fdflhs k|efj d'NofÍgsf] bf}/fg ;/f]sf/jfnfx?s] ;xeflutf, 5nkmn tyf ;j{;fw/0fnfO{ cfof]hgf af/] ;"rgfsf] ;xh kx'Fr af/] rrf{ 5 h'g aL=aL=cfO{=Pg–! cfof]hgf cGtu{t ;/f]sf/jfnfx?sf] ;xeflutf of]hgfdf cfwfl/t 5 . cWofo * df jftfj/0fLo tyf ;fdflhs Aoj:yfkg ?k/]vfsf] sfof{Gjogsf] nflu ;+u7gfTds ?k/]vf tyf ;8s ljefu / pBf]u, afl0fHo tyf cfk"tL{ dGqfnosf] Ifdtf clea[l4 sfo{qmd af/] rrf{ 5 . cfof]hgfn] ;8s ljefu / pBf]u, afl0fHo tyf cfk"tL{ d+qfnosf sd{rf/Lx?sf] Ifdtf clea[l4 nufot o; ESMF nfO{ sfof{Gjog ug{ kof{Kt >f]tx? klg lalgof]hg ug]{5 . ESMF of BBIN 1 10 1 Background and Rationale for an Environmental and Social Management Framework 1.1 Introduction The efficient movement of goods and people within and across the borders of Nepal is key to the country’s economic growth and development. This goal is hampered by challenges in the cost- efficiency and resilience of trade and transport infrastructure. The upgrading of the Butwal – Kohalpur – Gaddachauki section of the East-West (E-W) Highway and relevant trading facilities under a large investment Program is thus considered to address these challenges. This project would be the first phase of this investment Program along the western part of the E-W highway corridor that would allow the Government to achieve its development goals in terms of regional trade and sustainable economic growth. There is scope under the Program for more ambitious/innovative improvements via safe and resilient road upgrading, structural (bridges) works and trading facilities upgradation to accommodate demand and enhance efficiency; digitization and automation of trade border processes; enhancing institutional capacity, and transport and trade-specific sector reforms. This project would, in particular, as discussed with MOPIT and the Ministry of Forest and Environment (MOFE), develop and initiate the implementation of a green and resilient highway concept and strategy, integrating transportation functionality and ecological sustainability. This strategy will explore opportunities to improve infrastructure development planning processes and policies at the landscape/corridor level by:  Promoting a more sustainable approach when developing a transport and trade project, as per the Green, Resilient and Inclusive Development (GRID) principles.  Better managing negative environmental impacts from unplanned transport development on the ecosystem/forest.  Developing new skills in the country/creating ‘green’ jobs. Road and bridge construction and maintenance as well as trading facilities upgradation cause various environmental and social impacts, both positive and adverse ones. In a country like Nepal, which has fragile geology, widespread poverty, rich natural biodiversity, road and bridge construction, and maintenance can extend significant adverse impacts on the local environment and social landscape. A common weakness in Nepal road and other infrastructure programs is inadequate integration of environmental and social recommendations into project plans, designs and bills of quantity. The ESMF proposes mechanisms, in line with the current legal and policy framework, to make this effective. For the proposed Butwal – Gorusinghe section, an Environmental and Social Impact Assessment (ESIA) was conducted between August 2021 and January 2022 following a detailed feasibility study, and this document will be publicly disclosed prior to the appraisal of the project. For Gorusinghe - Chanauta Road, a signature bridge and land port facilities, the feasibility studies are yet to be carried out, and the locations are yet to be finalized. This Environmental and Social Management Framework (ESMF) has been prepared to guide the screening, assessment and management of environmental and social risks and impacts of subprojects whose designs and specific locations cannot be identified at appraisal. 1.2 Project Description The Government of Nepal is preparing the BBIN MPA Regional Transport and Trade Facilitation Program - Phase 1 (BBIN 1) for World Bank financing. The project has the following components: ESMF of BBIN 1 11 Component 1: Systems to facilitate trade. This component may support the adoption and Implementation of Digital and Automated Systems to facilitate trade, including border transit management systems: (a) Development of Automated System for Customs Data (ASYCUDA) new modules and (b) Development of an Automated Border Management System (ABMS) are considered. Component 2: Enhancing Regional Transport and Trade Enabling Infrastructure . This component will support (a) Upgrading of Butwal-Gorusinghe-Chanauta section of the East-West Highway from 2 to 4 lanes, (b) Construction of a signature bridge (including detailed design/urban design and construction), (c) Support for development and implementation of a green resilient highway concept, integrating transportation functionality and ecological sustainability, and may support (d) Upgradation of trade facilities at critical locations. The main objective of the project and in particular this component, is to provide more cost-efficient and resilient trade and transport. The Butwal – Gorusinghe – Chanauta section will be designed accordingly. Butwal - Gorusinghe is a 50 km road section of the East-West Highway located in the Terai region of Lumbini province. The road will be widened from 2 lanes to 4 lanes with safe and climate resilient design features. The feasibility study for this road section is completed. An Environmental and Social Impact Assessment (ESIA) and a Resettlement Action Plan (RAP) are being prepared for this section. Gorusinghe- Chanauta is a 20 km-long road section, connected to the above Butwal – Gorusinghe road section. This road will also be upgraded from 2 lanes to 4 lanes. The feasibility study for this road section is yet to be carried out. A signature bridge will be constructed on a river that the East-West Highway crosses. The location of a signature bridge will be selected based on the feasibility studies. The objective of the signature bridge, with additional architectural and cultural value, is to help improve connectivity while enhancing both the urban quality with a safer and greener environment and the economic activity in the bridge area. A location map showing the Butwal to Chanauta section in Nepal is given in Figure 1.1. If considered in Phase 1, the proposed activities related to the upgradation of trade facilities at selected key border crossings will include augmentation of physical infrastructure, equipment, inspection and construction (or renovation) of laboratory buildings, that are required to absorb increasing traffic and trade volumes at key border crossing points. The objective of this sub- component would be to (i) reduce the time taken for goods transit at selected border crossing points and (ii) improve capacity and efficiency for sanitary and phyto-sanitary (SPS) management at selected locations and for targeted products. The locations of related facilities are yet to be defined Component 3: Capacity building. This component will provide support in streamlining the policy environment for regional trade and cross-border movement of goods through (a) Transport and trade related reforms, (b) Reforms to support local communities, (c) Training programs and capacity building activities, and (d) Project preparation studies. Implementation Arrangements: The overall implementation will be under the oversight of the Ministry of Physical Infrastructure and Transport (MOPIT) in coordination with the Ministry and Finance (MoF) and Ministry of Industries, Commerce and Supplies MOICS. Component 1 (Trade Facilitation) will be managed by a Project Coordination Unit (PCU) under MOICS, in coordination with designated units in the agencies responsible for implementation. Components 2 and 3 will be managed by a PCU in the Development Cooperation Implementation Division (DCID), within the DoR ESMF of BBIN 1 12 under MOPIT, in coordination with designated units in the agencies responsible for the implementation of various sub-activities. Figure 1.1: Location of Butwal – Gorusinghe- Chanauta Road Section in Nepal 1.3 Rationale and Approach for the Environmental and Social Management Framework This Environmental and Social Management Framework report (ESMF) is prepared by the Department of Roads (DoR) to guide the screening and preparation of the ESIA for Gorusinghe-Chanauta Road section, signature bridge and other minor works that can be identified by appraisal. The ESIA for the Butwal and Gorusinghe Road has been prepared and disclosed prior to the appraisal of BBIN1. 1.3.1 Key Objectives of the ESMF The ESMF intends to set out the principles, rules and procedures to guide the screening, assessment, management and monitoring of environmental and social risks and impacts expected from the BBIN subprojects including East-West Highway Gorusinghe – Chanauta Road, a signature bride construction and trading facility upgradation works, while, devising the opportunities to enhance the benefits. The framework integrates into a step-wise approach the most important environmental and social considerations into all stages of project preparation, implementation, monitoring and operation and is applicable to all future sub-projects funded under the BBIN1. The key objectives to be addressed in the ESMF are: ESMF of BBIN 1 13  Review GoN’s existing policies, regulations, operational guidelines and institutional arrangements to address and mitigate environmental and social impacts of national roads.  Assess the compatibility of the core principles of GoN policies with policies of the World Bank, identify gaps, and present recommendations for addressing the gaps.  Describe the tools and procedural steps to assess the environmental and social issues for all project-related activities, and describe stepwise the corresponding management requirements in the entire project cycle.  Prepare a screening and consultation framework for environmental and social assessment of the proposed sub-projects; this framework shall include all parties involved, particularly focusing on service providers to ensure that the E&S measures prescribed in the ESMPs are duly followed and enforced.  Assist the Project Management Units (PMUs) in the preparation of IEEs, EIAs and ESIAs to be used as standard operational assessment and management models for future sub-projects becoming selected under the BBIN1.  Prepare an exemplary matrix of mitigation measures to manage the identified impacts.  Identify practical, feasible, credible and cost effective measures to offset or to reduce adverse environmental and social impacts to acceptable level, and ways to enhance positive impacts. As applicable, also address secondary, induced and cumulative impacts that may be associated with the forthcoming road and bridge construction and maintenance activities.  Make specific reference to the public consultation process and the consultation framework, describing adequate participatory mechanisms, particularly with respect to local employment, gender issues, empowerment and local control instruments.  Assess the institutional capacities of the DOR and MOICS on E&S Management and recommend measures to strengthen their capacity. 1.3.2 ESMF Study Methodology The methodology followed in preparing the present ESMF consists of the following steps:  Review of the Project details and meeting/discussions with various stakeholders  Reconnaissance field visits and initial scoping and screening to determine the key environmental and social parameters and aspects that are likely to be impacted by the Project activities  Review of environmental and social issues from other ongoing projects in Nepal of similar nature, including World Bank-funded road projects  Review of the policy and regulatory requirements  Collection and analysis of baseline environmental and social data, with the help of secondary literature review and field data collection  Consultations with the stakeholders, including affected communities and developing the consultation process  Compile the present ESMF document. 1.4 Structure of the ESMF Document This Environmental and Social Management Framework Report, following this introductory section, contains further Chapters:  Chapter 2: Proposed Methodological Framework for BBIN-related Environmental Assessment Studies: contains details of the necessary activities carried out during various stages of the ESMF of BBIN 1 14 project planning, study, design and implementation. This chapter contains stepwise details on carrying out an environmental and social assessment for the subprojects, including the implementation of ESMP.  Chapter 3: Legal Framework: Policies, Regulations and Guidelines: Review of the Legal Framework: Policies, Regulations and Guidelines of the Government of Nepal, and the World Bank Environmental and Social Framework (ESF) that bear relevance to the forthcoming BBIN project.  Chapter 4: Baseline Environment. This section describes the baseline environmental and social features in the BBIN 1 project area.  Chapter 5: Identification of Potential Environmental and Social Impacts in BBIN1 Subrojects: Describes in specific detail the various impacts that may occur due to the implementation of the envisaged subprojects.  Chapter 6: Environmental and Social Management Framework: presents the measures employing mitigation hierarchy (avoid, minimize, mitigate and compensate) to manage environmental and social risks and impacts.  Chapter 7: Stakeholder Consultation Framework: presents the specific public consultation framework that needs to be applied while carrying out the respective ESIAs for the corresponding sub-projects.  Chapter 8: Institutional Arrangement for ESMF Implementation: contains an assessment of the institutional arrangements for the implementation of the ESMF in the BBIN 1 subprojects and measures to strengthen the capacity of these organizations. ESMF of BBIN 1 15 2 Methodological Framework for Environmental and Social Assessment This chapter describes the step-by-step process to be followed in carrying out the environmental and social assessment studies for proposed subprojects, from the screening stage to the completion stage. Procedures for the preparation of the Resettlement Action Plan (RAP) and Indigenous Peoples Development Plan (IPDP) are detailed in RPF and IPPF, respectively. 2.1 The sequence of Proposed Activities The sequence of various activities to be followed during the environmental and social assessment of the proposed subprojects, from screening to the preparation of ESIAs and their implementation, are summarized in Table 2.1. This process explains both WB and GoN requirements and is consistent with the preparation of IEE and EIA detailed in GoN's Public Works Directives 2002. A detailed description of these activities is described in the subsequent sections. The Project Management Units (PMUs) under the Development Cooperation Implementation Division (DCID) of the DOR, and MOICS will be responsible for implementing these activities. Within DCID, one Environmental Specialist, one Social Specialist, one Gender Specialist and one OHS specialist are already on board. Under this project, further capacity strengthening will be carried out (this is further explained in Chapter 8). Table 2.1: Sequence of Proposed Activities for E&S Framework Step Activity Description of the Activity Timing/Status Responsibility 1 Screening Screening of the proposed After PMUs will conduct a (Annex 1) subprojects to assess the requirement identification of screening exercise (Annex of Environmental and social the proposed 1) whenever the new management instruments to be subproject projects are identified. prepared (IEE or EIA for the The screening report will government and ESIA/RAP/IPDP for be approved by the World the World Bank) for the subprojects. Bank. 2 E&S Studies – Primary baseline environmental data During PMUs with the support of preparation of of the project influence area (covering Feasibility and E&S Consultants and ESIA/RAP for physical, chemical, biological and Engineering GESU the World Bank socioeconomic environment) will be Design Studies and EIA or IEE collected for the MoFE Prepare Scoping Report and ToRs for subprojects that require EIAs (for the government) Census surveys of the affected households Assessment of impacts and their significance, and development of mitigation measures Preparation of ESIAs/RAPs/IPDPs for the World Bank, and IEE or EIA for the government ESMF of BBIN 1 16 Step Activity Description of the Activity Timing/Status Responsibility 3 Consultations Consultations with the stakeholders During E&S PMUs with the support of and Disclosure (including affected communities) studies ESIA Consultants prior to E&S studies and after completion of draft ESIA/IEE/EIA and RAP. Disclosure of the ESIA and RAP After (including translated summaries) on completion of DOR and MOICS websites draft ESIA and RAP 4 Submission of Submission of ESIA and RAP to the After PMUs with support from E&S documents World Bank Completion of GESU for World Bank ESIA/ESMP – Submission of IEEs for the and Prior to MOPIT/MOICS approval Government construction Clearance Submission of EIAs for the MOFE Approval 5 Environmental Preparation of environmental and Prior to bidding E&S Staff of PMUs will and social social specifications for bidding review and approve the specifications documents, including preparation of bidding documents. for Bidding BOQs and inclusion of ESMP in the Documents bidding documents. 6 Implementation Contractors will develop site-specific During E&S staff of all PMUs will of ESMP construction-ESMPs and OHS Plans Construction review and approve the C- and will implement them ESMPs and OHS Plans. Regular monitoring and reporting of ESHS Staff of Contractor compliance by the Construction will implement the plans. supervision consultants and E&S staff E&S staff of PMUs will of the PMUs. supervise the implementation of these plans 7 Compliance Preparation of regular monitoring During Monthly by Contractors Monitoring and reports on the performance of ESMP Construction and Quarterly by PMUs Reporting implementation of the subprojects 8 Post Post-construction audits of the Two years after MOFE Construction projects whose EIAs were approved completion of Auditing by MOFE. construction 2.2 Step 1: Screening For subprojects that are yet to be identified, a screening exercise will be carried out once they are identified through a reconnaissance site visit. The purpose of this visit will be to initiate the environmental and social assessment of the project, to assess the baseline conditions of the area, to identify the key environmental resources and social features of the area, to identify any environmental and or social sensitivity of the area, and to determine the presence of any environmental and or social hotspots in the area. A checklist (a separate checklist for roads, bridges and land ports are given in ESMF of BBIN 1 17 Annex 1) will be filled by PMUs for subprojects based upon the findings and observations of the reconnaissance visit. The outcome of the screening exercise is whether the proposed subprojects would need detailed ESIAs or ESMPs for the World Bank clearance and Environmental Impact Assessments (EIAs) or Initial Environmental Examinations (IEEs) for the government clearance. For the World Bank requirements, the categorization of the subprojects and identification of relevant E&S instruments to be developed will be based on the E&S risk-categorization of the subprojects (e.g. high, substantial, moderate and low). On the other hand, the categorization of subprojects is in accordance with the government requirements (Schedule 1, 2 & 3 of Rule-3 of Environmental Protection Regulations 2020) and will be based on the type and size/threshold of the subprojects. For example, road projects less than 50 km length require IEE and road projects more than 50 km length require EIA. For the development of land ports, IEE is required if the proposed area for development is larger than 5 ha. The subprojects will develop two separate sets of documents, one for the World Bank and one for the government. The key differences between World Bank ESF and national regulations in carrying out the environmental assessment are further elaborated in Chapter 3. The screening reports will be shared with the World Bank. Tentative categorization of the subprojects and required E&S documentation are given in Table 2.2. However, it will be confirmed after the completion of the screening exercise. Table 2.2: Potential Categories of Subprojects and E&S Requirements Potential Subprojects Potential E&S Required E&S Required E&S Risk Documentation for the Documentation for Classification World Bank the government (to be confirmed after screening) 1 Upgrading of Butwal- Substantial ESIA and RAP have been IEE will be prepared Gorusinghe section of East- prepared for this subproject for the Government West Highway from 2 to 4 lanes (50 km-long highway) 2 Upgrading of Gorusinghe- Moderate to ESIA and RAP for the World IEE for the Chanauta section of East- substantial Bank Government West Highway from 2 to 4 lanes (about 20 km) 3 Construction of a signature Moderate to ESIA and RAP for the World IEE for the bridge Substantial Bank Government 4 Upgradation of trade Moderate to ESIA and RAP for the World IEE for the facilities (land ports) at Substantial Bank Government critical locations ESMF of BBIN 1 18 2.3 Step 2: E&S Studies 2.3.1 Baseline Data Collection Project influence area for each subproject will be identified, covering areas likely to be directly or indirectly affected by construction and operation and associated facilities; areas that will be subjected to impacts from unplanned but predictable developments caused by the subproject, and areas that will be subjected to cumulative impacts that result from the subproject in conjunction with the other activities in its area of influence. Baseline environmental data of the project influence area (covering physical, chemical, biological, and socioeconomic environment) will be collected from secondary literature and primary data collection/survey. Primary data collection will be carried out for assessment of wildlife habitats, forests and other ecological conditions in the project influence area, ambient air and noise quality, and surface water and groundwater quality. Primary surveys will also be carried out to establish the baseline socioeconomic conditions of the communities in the Project area. 2.3.2 Scoping Report and ToR for EIA This step is required for government clearance for the subprojects that require EIAs. A scoping report, based on the above baseline studies and a ToR for the proposed EIA study, will need to be submitted to the Ministry of Forests and Environment (MOFE). The scoping exercise will be based on a rapid site reconnaissance survey conducted by professional E&S practitioners. Scoping exercise for EIA/ESIA involves the presentation of more detailed background data and a comprehensive Public Consultation and notification process that should also include a workshop to be held at that stage. Following the Scoping, the project will submit the Terms of Reference for the EIA to MoFE. The results of the scoping provide an opportunity for project Proponents, Consultants, relevant authorities and interested and affected parties to exchange information and express their views and concerns regarding a proposal before an EIA/ESIA is undertaken. The scoping will focus on feasible and cost-effective alternatives for the proposed subprojects and identify means to ensure that the resulting EIA/ESIA is useful to decision-makers and addresses the concerns of interested and affected parties, as well as facilitate an efficient EIA/ESIA process that saves time and resources while reducing the risk of costly delays. Based on the information disseminated and the response of stakeholders, the proponent will prepare a Scoping Document that presents, in an overview manner, the major issues of public concern, evaluate the significance of issues on the basis of available information, establish priorities for environmental and Social assessment, develop a strategy for addressing priority issues, and prepare a plan for public involvement, and prepare Scoping Document. A table of content of such Scoping Document for a typical road project EIA is given in Annex 2. Note that the format is prescribed by EPR 1997. Documents deviating from this standard format are likely to be rejected by the reviewing agencies 2.3.3 Impact Assessment Based on the initial assessment, potential impacts and risks of the proposed projects have been identified and presented in Chapter 5. Detailed characterization and assessment of these impacts will be carried out in the respective subproject-specific ESIA and IEE/EIA. In addition, the impacts of the proposed subprojects on the environmental and social components will be identified through consultation with experts and the ESMF of BBIN 1 19 local community. The impacts will be analyzed and graded qualitatively in order to identify the major impacts. Potential impacts will be predicted using the professional judgment of the multi-disciplinary team members based on baseline information collected and any modelling studies if required. The impact assessment will also consider both cumulative and induced impacts of the subprojects. 2.3.4 Environmental and Social Management Plan An Environmental and Social Management Plan (ESMP) documents the findings of all potential risks and impacts identified during the environmental impact assessment study and is provisioned for complying with the country's legal requirements and the Standards. The purpose of the ESMP is to ensure that social and environmental impacts, risks and liabilities identified during the ESIA process are effectively managed during the entire project lifecycle, including pre-construction, construction, operation and closure of the proposed project, duly quantifying the mitigation measures against each impact and incorporating in the Bill of Quantities (BoQ) supporting with the E&S specifications. It also consists of institutional arrangements, identifying the roles and responsibilities of institutions and involved (contractual) parties to carry out the ESMP management activities and measures and define the location of verification of the prescribed measures to be taken during implementation and operation to eliminate adverse environmental impacts, offset them, or reduce them to acceptable levels. A sample mitigation plan, as a guideline, is prepared and presented in Table 2.3 to address the impacts during construction and operation stages. Based on these guidelines, a detailed ESMP will be prepared as part of the subproject ESIA and IEE/EIA. Table 2.3: Sample Mitigation Plan Impacts and Risk Mitigation Measures Responsible Responsible Agency for Agency for Implementation Supervision Preconstruction Stage Erosion or mass wasting  Implementation of Bioengineering and retaining structures and PMUs and DOR and resulted from site slope protection works and weep holes to maintain sub-surface Construction MOICS preparation, Landscape drainages etc. Supervision aesthetic, Slope  Planning the works and not undertaking it during the rainy Consultants Destabilization and Soil season. (CSCs) Erosion  Develop a spoil disposal management plan and stockpiling plan to minimize the impact during construction and rehabilitate landscape after construction as per above mentioned plan.  Construction of check dams, silt traps, gabions on existing natural drainages. Forest  Compensatory plantation (1:10 as per GoN's requirement) for PMUs, CSCs and DOR and fragmentation/degradation each felled tree; selection of native trees, establishment of DFO MOICS due to tree felling nurseries etc. Increased mortality of  Minimization of project footprint in the wildlife habitat PMUs and CSCs DOR and wildlife and prevention of  Plan the wildlife crossing based on ecological impact MOICS movement/migration assessment Loss of private land and  Prepare and implement a Resettlement Action Plan (RAP) in PMUs and CSCs DOR and structures accordance with national legislation and World Bank ESS 5 MOICS Project Affected vulnerable  Prepare and implement Social Management Plans, e.g. PMUs and CSCs DOR and HHs community development plans MOICS  Undertake relocation, rehabilitation and livelihood restoration measures.  Provide livelihood restoration training and additional support to such project affected vulnerable HHs including the women of project affected HHs. ESMF of BBIN 1 20 Impacts and Risk Mitigation Measures Responsible Responsible Agency for Agency for Implementation Supervision IP communities in project  Prepare and implement an IPP in accordance with ESS 7 PMUs and CSCs DOR and area MOICS Loss of Community /Public  Relocation, rehabilitation and restoration according to the RAP. PMUs and CSCs DOR and Infrastructures  Relocation of electric poles, water supply pipes, irrigation canals MOICS etc. Construction Stage Greenhouse Gas (GHG)  Require use of fuel efficient machinery and equipment in the Contractors PMUs and Emission reduction bidding documents and contractors contract. CSCs  Arboriculture along the alignment for carbon sequestration  Compensatory plantation (1:10 as per GoN's requirement) Air, Noise and vibration  Develop an Air and Noise Quality Management Plan to minimize Contractors PMUs and impact vehicle emissions, manage fugitive dust, noise and vibration, CSCs especially in proximity of community places.  Barricade of construction area  Dust masks available to labour workers, sprinkling of water along the dusty road during road excavation on a regular basis as per the requirement.  Manage and avoid direct disposal of effluent from batching plant. Solid waste management  Develop a Solid Waste Management Plan to manage solid Contractors PMUs and wastes during road construction and operations. Ensure CSCs appropriate disposal sites for muck and rock cuttings as well as proper management of solid and hazardous waste. Impact due to Quarrying of  Only licensed quarries will be used by the contractors. Contractors PMUs and construction materials  Quarrying will be carried out on dry river beds and during low CSCs flow (non-monsoon) season  All contractors will be required to submit their Construction Materials Sourcing Plans to the PMU, CSC and the World Bank for prior approval before carrying out material extraction. No material extraction will be done by any of the Contractors until the Materials Sourcing Plan is approved by the PMU, CSC and the World Bank.  The PMU and CSC will regularly monitor material extraction to ensure proper implementation of the Materials Sourcing Plans.  Implementation of compensatory plantation program in coordination with the District Forest Office, respective Rural Municipalities/Municipalities and Community Forest Users Groups. Disturbance and poaching  Instructions and orientation to workers; Contractors PMUs and of wildlife  Enforcement and control of Anti-poaching code of conduct and CSCs regulations;  Awareness campaigns; Planning of rural development Working conditions &  Compliance with GoN's labour law, rules & regulation and WB Contractors PMUs and Worker accommodations of ESS 2 CSCs Construction Workforce  Implementation of Labour Management Procedure (LMP).  Established GRM for workers.  Provide workers transportation to and from the project sites.  Implement "Zero harm" policy at the project sites.  Adopt safety measures for workers like shinning jackets (aprons), boots, gloves, helmet etc. Child and Forced Labour  Provision in the contract document, prohibiting child labour in Contractors PMUs and compliance with the GoN's Act related to Children (2075), CSCs  Labour Management Procedure (LMP)  Information dissemination on avoidance of child and forced ESMF of BBIN 1 21 Impacts and Risk Mitigation Measures Responsible Responsible Agency for Agency for Implementation Supervision labour Potential hazards caused by  Develop a Hazardous Materials Management Plan to manage Contractors PMUs and bitumen and other toxic hazardous material use, storage, transport, and disposal. CSCs chemicals  Handling chemicals properly. Storage of chemicals 100 meters away from any water sources. Pollution of water  Develop a Water Quality Management Plan. Contractors PMUs and resources  Proper drainage structures, construction of Soak pit or CSCs retention lagoon before discharging wastewater into the main water body, management of garbage and debris.  Awareness to local communities and construction workers Community Health & Safety  Community awareness and sensitization with emphasis to Contractors PMUs and women and young girls. CSCs  Promote health seeking behaviors.  Identify areas along the access road prone to landslides and provide appropriate engineering controls.  Adopt Workers' Code of Conduct to interact with local communities.  Adopt a GRM to document and resolve project-related complaints.  Strengthening and collaboration with the local health facility and onsite primary health care facility or surveillances  Waste management plan.  Construction of road crossings and other road infrastructures on the principle of universal access. Construction-induced  Baseline survey of the structures by the contractors before the Contractors PMUs and impacts to nearby construction started CSCs structures  Create awareness on accessing project level GRM  If damage complaints are received, CSC will investigate and measure the damage. CSC will verify the implementation of measures implemented by the contractors  Contractors will implement the measures proposed by the CSC Occupational Health and  Include provision in the contract requiring H&S Plan, Contractors PMUs and Safety Operational guideline, appropriate staffing, and reporting CSCs requirements  Enhance capacity of workers and stakeholders including local health institutions.  Training of managers and responsible personnel  Emergency Management Plan  Incident/Accident Reporting Mechanism to be established and operationalized  Communicable disease outbreak notification and management plan  OHS monitoring, inspection and performance audit plan. Impact on tangible and  Assessment of ESS-8 during field studies confirmed that no any Contractors PMUs, Dept. intangible heritage tangible/ intangible archeologically important heritage will be of impacted. In case of chance finding, the procedure will be Archaeology followed.  Establishment of chance find procedure Operation Phase Cumulative Impacts  Coordinated planning of regional & local development and land PMUs with the DOR and use support of local MOICS  Implementation 0f Afforestation/ecological restoration government and programmes divisional  Long term ecological monitoring and survey forests ESMF of BBIN 1 22 Impacts and Risk Mitigation Measures Responsible Responsible Agency for Agency for Implementation Supervision  Coordinated and collaborative development projects  Cooperation and information dissemination among interested stakeholders about climate change  Stakeholder engagement in accordance with SEP  Implementation of wildlife-friendly roads across DoR portfolio Traffic Safety During  Road safety audits were conducted in along the projects road DCID-DoR, port DOR and Operation during the feasibility stage and during the detailed design stage operators, Local MOICS and detailed design of project road improvements integrates Youth clubs, the findings and recommendations of the road safety audits mother groups, undertaken in multiple stages. Traffic Police  Road safety measures will also be undertaken post completion works.  Speed control and regulations (especially in populated areas, near schools and other public places).  Road crossing infrastructures incorporating principal of universal access.  Establishment of traffic signals, GPS tracking and surveillance cameras for speed control for vehicles plying the highway.  Vehicle maintenance and inspection.  Installation of “No Horn” signages  Establishment of Sick Bays for vehicles  Training of first-aid services in the case of accident.  Road safety awareness trainings to general public.  Capacity enhancement to traffic police, adjoining local community and road users. Exclusion of vulnerable and  Public awareness, work with local municipalities and DCID-DoR and DOR and disadvantaged groups from governments, facilitating access to benefits port operators MOICS benefits  Mitigation measures prescribed in Indigenous People's Development Plan (IPDP) and ESMP Noise pollution:  Implementation of No Horn Zones particularly in settlement DCID-DoR, port DOR and The increased number of areas operators, MOICS heavy vehicles plying in the  Installation of Signages Traffic Police Highway and the increased  Monitoring noise level maintained at national standard commercial and industrial  Arboriculture along the RoW as noise absorbers activities SEA and SH  Community sensitization. DCID-DoR, port DOR and  Socioeconomic development of women. operators, Local MOICS  Orientation to labour force. Youth clubs,  Code and conduct to guide the workers on how to relate with mother groups, the community. Police, Chief  Orientation of Supervision Consultant, and Contractors on District Officers SEA/SH  Mapping of GBV service providers for prevention and response.  Develop and implement a SEA/SH Action Plan. Dust and air pollution from  Regularly sweeping yards and handling areas Land port MOICS land port operations  Keeping transfer equipment (e.g. cranes, forklifts, and trucks) Operators in good working condition  Implementing tank and piping leak detection and repair programs. Occupational health and  Materials handling operations will follow a simple, linear layout Land port MOICS safety at land ports at to reduce the need for multiple transfer points. Operators border crossings  Dust control mechanism through water sprays during coal handling; and covering the coal storage areas with tarpaulin/plastic sheets. ESMF of BBIN 1 23 Impacts and Risk Mitigation Measures Responsible Responsible Agency for Agency for Implementation Supervision  Development of Safety System. This safety system would include procedures to regulate the safe movement of trucks within the port facilities, protect the general public from dangers arising from traffic, and prevent events that may result in injury to workers, the public, or the environment. The Safety Management System would include comprehensive emergency preparedness and response plans that provide a coordinated response based on the port and community resources required to manage the nature and severity of the emergency event. Note: The above table is adapted from ESIA of World Bank funded Strategic Road Connectivity and Trade Improvement Project (SRCTIP) - Improvement of Naghdhunga-Naubise-Mugling (NNM) Road 2.3.5 Environmental Monitoring An environmental monitoring plan will also be prepared in the ESMP to monitor the effectiveness of the mitigation measures and compliance with the environmental standards. A sample environmental monitoring plan is given in Table 2.4. Table 2.4: Sample Monitoring Plan E&S components Monitoring parameters Monitoring Timeline Agency Physical Environment Air quality Ambient air quality: TSP and PM10 PMUs/CSCs Baseline information during preconstruction stage and during construction stage once in every month Water quality Turbidity, Conductivity, pH and Colour PMUs/CSCs Baseline information during will be conducted at site with the help of preconstruction stage of portable kits, effluents from construction nearby water bodies and camps /sites/ waste from batching plants during construction stage etc. once in every month Noise Noise level at regular interval: PMUs/CSCs Baseline information during assessment and interpretation for Lmax, preconstruction stage and Lmin, Leq, L5, L10, L50, L90 and L95 parameters. during construction stage once every month Spoil/Muck/ disposal Disposal of Spoil/Muck at designated PMUs/CSCs Daily during the construction sites stage Stockpiling of Stockpiling of construction materials at PMUs/CSCs Daily during the construction construction Materials designated sites stage Covering of Stockpiles with tarpaulin sheets Slope stability Presence of landslides, gully formations PMUs/CSCs Daily during the construction due to runoff stage Operation of Borrow pits/ Quantity of extracted material, PMUs/CSCs Daily during the construction Quarry sites/ Stone restoration of borrow pit areas, stage crushing plants Grievance Redressal of the locals Extraction of river bed Distance of extraction sites from the river PMUs/CSCs Daily during the construction materials banks (5-10 m) stage Depth of the ditch for excavation (1m) Obstruction of drainage Roadside drainage discharge, water PMUs/CSCs Daily during the construction impounding area during rain, stage waterlogging ESMF of BBIN 1 24 E&S components Monitoring parameters Monitoring Timeline Agency Hazardous wastes, List of chemicals, storage, and handling PMUs/CSCs Daily during the construction bitumen/asphalt practice. Records of accident/ spillage of stage chemicals, surface and groundwater contamination Biological Environment Number of felled trees Statistics of removed and planted trees, PMUs/CSCs, During the time of tree felling nurseries and plantations Divisional on a daily basis Forest Office (DFO) Compensatory Plantation Compliance with compensatory PMUs/CSCs, Plantation time during plantation plan Divisional monsoon (before and after Forest Office carrying out the plantation) (DFO) Wildlife Identification of flora and fauna with PMUs/CSCs Daily during the construction ecological importance identified in the stage project area, road kill Fire-hazard Project management checklists, site PMUs/CSCs Daily during the construction monitoring, fire-extinguishers in labour stage camps Social Environment Community Health and Nuisance to adjoining communities from PMUs/CSCs Daily during the construction safety the construction related works, stage grievances due to annoyance from the construction related works. Establishment of camps Compliance with Camp management plan PMUs/CSCs Daily during the construction of Contractor stage Property/land Implementation of compensation and PMUs/CSCs During the preconstruction acquisition/compensation rehabilitation measures provided by the and construction stage and rehabilitation RAP, including compliance with construction-induced impact procedures Indigenous Peoples Compliance with IDPD PMUs/CSCs Daily during the construction stage Safety of workers Accident Group Insurance of Workers, PMUs/CSCs Daily during the construction provision of personal protective stage equipment/ Use of ear muffs and other personal protective equipment by the workers Road safety Traffic Signals, no horn signs, road signals PMUs/CSCs Daily during the construction and markings, speed control and GPS- stage tracking Grievance Redressal Management of Grievance Redress PMUs/CSCs During the construction stage Mechanism Traffic Management Compliance with Traffic Management PMUs/CSCs, Daily during the construction Plan Traffic Police, stage Respective Chief District Officers Gender-based violence Living status of women and vulnerable PMUs/CSCs Daily during the construction and human trafficking households after the implementation of stage project Stakeholder engagement Compliance with SEP PMUs/CSCs During the preconstruction and construction stage Note: The above table is adapted from ESIA of World Bank funded Strategic Road Connectivity and Trade Improvement Project (SRCTIP) - Improvement of Naghdhunga-Naubise-Mugling (NNM) Road ESMF of BBIN 1 25 2.4 Step 3: Stakeholder Consultations and Disclosure Stakeholder consultation will be carried out to help identify opportunities and risks, improve subproject design and implementation, and increase subproject ownership and sustainability. Stakeholder consultations will be carried out at two stages. The first-stage stakeholder consultations will be carried out during the scoping stage and preparation of the environmental and social instruments to obtain their feedback and address their concerns. The second stage consultations will be carried out after the preparation of the draft ESIA/EIA to share the outcome of the ESIA study and to obtain and incorporate public feedback in the draft ESIA/EIA report. The Proponent (DoR/MOICS) shall inform the local governments at the village, ward, municipal, and district level, non-governmental organizations, potential project-affected households, local communities and other important stakeholders about the proposed project and its impacts through a 15-day notice to be published in a national daily newspaper and notified at Village Development Committee (VDC)/Municipality, District Cooperation Committee school, hospital/health post. Comments and suggestions received through such notice need to be included in the IEE/EIA report. The ESIA/EIA/IEE and RAP of each subproject will be disclosed on the DOR/MOICS website and on the World Bank website. The Executive summary of the ESIAs, EIAs, SEP, and RAPs will be translated into Nepali and will be disclosed on the DOR/MOIC website. 2.5 Step 4: Submission of E&S Instruments for World Bank and Government Clearance For government clearance and approval, IEE or EIA documents will be prepared by PMUs with support from GESU consistent with the standard formats (see Annex 2) provided in Schedule 5 of EPR 1997. For IEEs prepared for DOR subprojects, the Ministry of Physical Infrastructure and Transport (MoPIT) is the Concerned Agency as per EPR and is authorized to review and approve the IEE Report. For trade facilitation subprojects, the Ministry of Industry, Commerce and Supplies (MOICS) is authorized to review and approve the IEE Report. The MoPIT/MOCIS has the mandate to approval/rejection within 21 days of submission. In case the IEE recommends further EIA/ESIA study to be undertaken, the proponent has to carry out the EIA, which comes under the jurisdiction of MoFE. The approval process for EIA reports is six weeks. For World Bank clearance and approval, an ESIA will be prepared using the template provided in Annex 2 before initiating any construction works. In addition, as required, RAPs and IPDPs will also be prepared for the subprojects consistent with the guidelines provided in RPF and IPPF. 2.6 Step 5: Environmental and Social Requirements in Bidding Documents PMUs (and their Engineering Consultants) will include the following Environmental, Social, Health and Safety (ESHS) Conditions in the bidding documents to ensure all the mitigation measures proposed in the ESMPs are effectively implemented:  Past performance of the Contractor on ESHS aspects including sexual exploitation and abuse and gender-based violence;  ESHS Staff with the Contractor;  ESHS Performance Security;  Mitigation measures to address construction impacts (which will be prepared based on Table 2.3);  Payments for implementation of ESHS measures;  Code of conduct of Contractor's Personnel;  Management Strategies and Implementation Plans (MSIP) to manage the ESHS Risks. ESMF of BBIN 1 26 Each of the above conditions is elaborated in Table 2.5. Table 2.5: ESHS Conditions in the Bidding Documents The rationale for the Responsibility inclusion of this Condition in the Specifications to be included in Condition Contract the Bidding Documents Bidders PMU 1. Past performance The Contractor's past The Bidder shall "declare any Bidder to PMUs use this of the Contractor on performance on civil work contracts that have make the information to ESHS is one of the compliance with ESHS is been suspended or terminated Declaration seek further eligibility criteria for an indicator of the and/or performance security information or the shortlisting Contractor's called by an employer for clarifications in process commitment and reasons related to the non- carrying out its capability for compliance of any due diligence implementation of the environmental, or social ESMP (including sexual exploitation and abuse (SEA) and gender- based violence (GBV) or health or safety requirements or safeguard in the past five years". 2. Contractor shall The Contractor's staff The Bidder shall propose an The bidder to PMUs will propose adequate should include adequate Environmental, Social, Health submit the CV review and ESHS Specialists in ESHS specialists who are and Safety (ESHS) Specialist as of proposed approve his team responsible for the the Contractor's Key Personnel ESHS Specialist (Environmental implementation of all at the Site. The Bidder shall Specialist, OHS mitigation measures on provide details of the proposed specialist, Social ESHS risks and ESHS specialist including specialist, site compliance with ESMP academic qualifications and supervisors) work experience. The ESHS Specialist should have a minimum bachelor's degree in engineering or a master's degree in sciences related to environmental management. The Specialist should have 5 years of experience working on monitoring and managing ESHS risks related in infrastructure projects. 3. Contractor shall The Contractor should The Bidder shall submit the The bidder will submit ESHS have a financial ESHS Performance Security in submit a Performance implication if he could the form of a "demand Performance Security for not comply with ESHS guarantee" in the amount of Security compliance with requirements. Hence three percent (1-3%) of the ESHS obligations performance security Contract Amount. will be collected from the Contractor 4. Implement The mitigation measures PMUs will ensure the ESMP in PMUs will Mitigation to address potential the General Specifications of include this Measures to ESHS risks and impacts the Bidding Document, and the condition in the Address should be included in reference to this document will bidding Construction- the bidding documents. be provided in the Conditions document Related Impacts The Contractor shall be of the Contract as follows: given in ESMP made responsible for  The Contractor shall the implementation of implement the mitigation ESMF of BBIN 1 27 The rationale for the Responsibility inclusion of this Condition in the Specifications to be included in Condition Contract the Bidding Documents Bidders PMU the mitigation measures and monitoring measures through the necessary given in the ESMP to conditions in the address ESHS risks contract. associated with the construction works. The Consultant shall refer to the ESIA of the Project, which is available on the PCMU website for further guidance.  The Contractor shall comply with the World Bank Group's General Environmental Health and Safety Guidelines, and applicable sector specific guidelines 5. Payments for BOQs on ESHS A lumpsum budget will be Bidder will implementation of implementation are allotted for the preparation quote for the ESHS Mitigation and included in the Bidding and implementation of C-ESMP ESHS Monitoring Documents (including OHS plans), Management Measures environmental monitoring, etc. 6. Code of Conduct All workers hired by the The Bidder shall submit the Bidder shall for Contractor's Contractor should sign a Code of Conduct that will apply submit code of Personnel code of conduct to to the Contractor's employees Conduct with ensure compliance with and subcontractors. The Code the bid ESHS obligations of the of Conduct will state that the documents Contract workers will comply with the following ESHS requirements:  Wearing of Personal Protective Equipment (PPE's) in the workplace at all times  Non-discrimination in dealing with the local community by race, ethnicity, gender, religion, disability, sexual orientation, gender identity, social, or health status  Respectful attitude while interacting with the local community  Prohibit sexual harassment particularly towards women and children  Prohibit violence, including sexual and/ or gender- based violence  Respecting the reasonable work instructions ESMF of BBIN 1 28 The rationale for the Responsibility inclusion of this Condition in the Specifications to be included in Condition Contract the Bidding Documents Bidders PMU  Protection and Proposer use of the property The suitability of the Code of Conduct can be assessed and discussed as part of the Bid/Proposal evaluation and negotiations The successful bidder is required to implement the agreed code of conduct upon contract award 7. Contractor's The Contractor proposal The Bidder shall submit The bidder will Management should include his Management Strategies and submit MSIP Strategies and understanding of the Implementation Plans (MSIP) along with the Implementation ESHS requirements of to manage the following key Bid Documents Plans (MSIP) to the project and the ESHS risks: manage the ESHS proposed strategies to  Strategy for the protection Risk manage the ESHS risks of workers and community from the construction- related hazards inside the terminal  Borrow area management and restoration plan  Construction Material Sourcing Plan  Pollution prevention (wastewater, air and noise emissions) and management  A waste management plan for proper collection and disposal of waste  Traffic management plan to ensure the safety of local communities from construction traffic  Hazardous material management plan safe storage and handling  Strategy to address labor influx impacts on the local communities  Gender-based violence and sexual exploitation and abuse prevention and response action plan  Emergency response plan and early warning system The Contractor shall be subsequently required to submit (before mobilization) the Contractor's Environment and Social Management Plan ESMF of BBIN 1 29 The rationale for the Responsibility inclusion of this Condition in the Specifications to be included in Condition Contract the Bidding Documents Bidders PMU (C-ESMP) by the above strategies and Condition 4 of this Table. 2.7 Step 6: Implementation of ESMPs of Subprojects The steps to be followed during the construction stage of subprojects for effective implementation of ESMP are described in this section. 2.7.1 Contractor's Construction Environmental Action Plan and Occupational Health and Safety Plan As a requirement under the bidding documents, the Contractors will need to submit a Construction Environmental Action Plan (C-ESMP) and Occupational Health and Safety Plan (OHS Plan) prior to their mobilization for PMU approval. The C-ESMP will consist of the following site-specific management plans that will be prepared in compliance with the requirements of the bidding documents, ESMP and World Bank EHS guidelines:  Borrow area management plan  Waste management plan  Wastewater discharges management plan  Air and noise emissions management plan  Hazardous material management and spill control plan  Water supply and sanitation management at the worksites and workers' accommodations  Management of labor influx and facilities for the out station workers  Labor recruitment procedures and labor management  Traffic management plan Biodiversity Action Plan  Training plan for ESHS risks including HIV/AIDS, sexual exploitation and abuse, and gender- based violence  Emergency Response Plan for the project  Grievance Redress Mechanism  Demobilization plan after completion of works In addition, the Contractor will need to submit a Job Safety/Hazard Analysis at the beginning of construction works at each new site addressing the measures associated with various hazards at the work sites. These reports will be reviewed and approved by the Construction Supervision Consultants of PMUs after ensuring the mitigation measures proposed in the analysis are in place at the work sites. 2.7.2 Step 7: Compliance Monitoring and Reporting The overall responsibility for ESMP implementation will rest with the PMUs. However, at the construction areas, the environmental and social staff of the Contractor are responsible for implementing the ESMP, while the environmental and social specialists of the Construction ESMF of BBIN 1 30 Supervision Consultant and PMUs will be responsible for the monitoring of the EMSPs throughout the Project implementation. Compliance monitoring comprises of on-site inspection of the construction activities to verify that measures identified in the ESMP and that are included in the clauses for contractors are being implemented. This type of monitoring is similar to the normal technical supervision tasks ensuring that the Contractor is achieving the required standards and quality of work. The following reports will be prepared on the implementation of ESMP:  Monthly environmental and social monitoring reports by the Contractor on the status of implementation of environmental, social, health and safety aspects, and  Quarterly environmental and social monitoring reports by the PMUs on the status of implementation of environmental, social, health and safety aspects The topics to be covered in these reports are summarized below:  Environmental incidents or non-compliance with contract requirements  Health and safety incidents, accidents, injuries and all fealties that require treatments  Inspection of Workers accommodation; Workers and community grievances  Training conducted and their content;  Environmental and social issues encountered and how they were mitigated and  Compliance status on ESMP requirements Regular training programs will be conducted throughout the project implementation on the EHS issues associated with the construction activities (further discussed in Chapter 8). 2.7.3 Step 8: Post-Construction Auditing (for EIA Subprojects Approved by MOFE) Praxis and legal provision in Nepal require that an Environmental Auditing should be carried out for all EIA approved projects two years after the project comes into operation. Information from baseline data and data on monitoring should be utilized for carrying out the Environmental Auditing. The responsible agency for carrying out the Environmental Audit is the MoFE. The environmental auditing should gather information on the following areas:  The condition of natural/social/economic resources prior to the project implementation and after project construction is completed;  Whether impacts forecasted by EIA occurred and, if so, the extent of these impacts;  Whether or not the mitigation measures implemented are effective to control adverse impacts or enhance beneficial impacts;  Whether or not all landscape degraded due to project implementation have been restored to their original/better conditions;  Long-lasting and residual environmental, social and economic impacts resulting from the work forces at the time of construction/ maintenance;  The overall effect on the local economy of project implementation;  Have land acquisition compensation and resettlement been achieved according to RAP principle, and are there any resettlement related outstanding disputes? ESMF of BBIN 1 31 3 Legal, Regulatory and Administrative Framework This chapter provides an overview of the GON legislation and the World Bank ESF that are relevant to the environmental and social assessment of the BBIN 1 Project. 3.1 Relevant Acts, Regulations and Guidelines 3.1.1 Constitution of Nepal The constitution of Nepal, 2072 (2015) is the fundamental law of Nepal. Environmental and Social sustainability is covered explicitly in the Constitution of Nepal, 2015. Article 30 under Right to clean environment provides inter alia that every person has a right to a clean and healthy environment claiming that (1) Every citizen shall have the right to live in a clean and healthy environment; (2) The victim shall have the right to obtain compensation, in accordance with law, for any injury caused from environmental pollution or degradation; and (3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper balance between the environment and development, in development works of the nation. Article 25 guaranteed right relating to property (2) The State shall not, except for public interest, requisition, acquire, or otherwise create any encumbrance on, property of a person. (3) The basis of compensation to be provided and procedures to be followed in the requisition by the State of property of any person for public interest in accordance with clause (2) shall be as provided for in the Act. Article 34 of the Constitution of Nepal claims that (1) Every laborer shall have the right to fair labor practice. Explanation: For the purposes of this Article, "laborer" means a laborer or worker who does physical or mental work for an employer in consideration for remuneration; (2) Every laborer shall have the right to appropriate remuneration, facilities and contributory social security, and (3) Every laborer shall have the right to form and join trade unions and to engage in collective bargaining, in accordance with law. 3.1.2 Local Government Operation Act, 2017 The Act, 2074 (2017) requires the ward to help for protection of environment through plantation over the baren land, cliff and mountains. It has mentioned the functions, rights, and duties of RMs, Municipalities and DCC. The RMs is required to protect the environment, nature and natural resources. The act empowers RMs/MC/DCC to levy taxes on utilization of natural resources. Apparently, natural resources include mineral resources and thus, RMs has an absolute authority over the natural resources. Thus, this act empowers the local bodies for the conservation of soil, forest, and other natural resources and implements environmental conservation activities. 3.1.3 Nepal Environmental Policy (NEP), 2018(2076 BS) Environment Policy, 2076 aims to manage natural resources efficiently and sustainably, to balance development efforts and environmental conservation to achieve sustainable development, to safeguard national heritage, to mitigate the adverse environmental impacts of development projects and human actions and to integrate concerns for the environment with development plans through appropriate institutions. It has emphasized the coordination and collaboration among three level governments, civil society, community, private sector and individuals to protect the environment. It has also aimed to control pollution, solid waste management and promote greenery so that every citizen's right to live and clean environment will be secured. ESMF of BBIN 1 32 3.2 Environmental and Natural Resources Protection 3.2.1 The Environment Protection Act, 2019 (EPA) The act highlights that any development project, before its implementation has to pass through environmental assessment, which will be either BES, IEE or EIA depending upon the location, type and size of the projects. The Act has included three tiers of provisions (Section 3.2.a) on conducting 'environmental study as brief environmental study (BES), IEE and EIA. The Act also provisions for carrying out (Section 9) Strategic Environmental Analysis (SEA), for the prescribed policy, programme or project. Section 4 of the Act has provisioned alternative analysis to be recommended based on with basis and reason and in the meantime, implementation of adverse impacts mitigation to be included by referring short, medium and long term plan. The Act has provisioned to punish (Section 35) with a fine up to NRs. 5 laks-BES, 35 (1)-a, 10 laks IEE, 35(1)-b and 50 laks EIA 35(1)-c for the implementation of any proposal without approval of the BES, IEE and EIA reports or any act contrary to these approved reports. The Act obliges the proponent to undertake IEE and EIA of proposal, plans or projects which may cause changes in existing environmental condition and authorizes the MoFE to clear all EIA and line ministries for IEE study. 3.2.2 The Environment Protection Rule, 1997 (amendments, 2017) (EPR) With respect to the forthcoming needs of IEE, EIA and SIA for the BBIN sub-projects, this regulatory provision bears the principal provisions for any project proponent involved in this program. EPR contains the elaborative provisions on the process to be followed during the preparation and approval of projects requiring EIA and IEE including scoping document, terms of reference, information dissemination, public consultation and hearing, and environmental monitoring and auditing. EPR calls for the public consultation prior to the preparation of scoping document and Terms of Reference and public hearing prior to the approval of EIA Report. The environmental laws stipulate the requirements and procedures for the approval process of the Environmental Assessment. Section 3 to 7 of the EPA, 2019 and Rule- 3 to 11 of the EPR, 1997 contain such provisions, Rule 12 of the EPR, 1997 (amendments) requires the proponent to comply with the matters mentioned in the report and other conditions, if any, prescribed by the approving agency or concerned agency, while Rule 13 and 14 are related to environmental monitoring and environmental auditing. The environmental legislation empowers concerning Ministry to monitor the environmental activities including mitigation measures and the then MoPE (now MoFE) for environmental auditing. For IEE, the concerning Ministry, which is Ministry of Physical Infrastructure and Transport in case of the proposed Project, is authorized to approve the Final IEE Report. The EPR also lists the environmental screening through depicting the types of development activities requiring IEE or EIA Level Study. It also gives an outline of content of Terms of Reference document, IEE and EIA Report. The preparation of Environmental Management Plan (EMP) is determined as a key part of the EIA report. The proponent is required to implement the mitigation measures, while the environmental monitoring works should be performed by the concerned agency (ministries), and auditing by the ESMF of BBIN 1 33 Ministry of Forest and Environment (the then MoFE in accordance with the provisions of the EPR, 1997. The environmental law has made the public consultation a pre-requisite to all the prescribed projects to provide different stakeholders an opportunity to raise their concerns right from the Project Scoping stage to the approval of EIA Report. Provision of intense public participation and consultation has been made mandatory for EIA through Public consultation during Scoping and Public Hearing after Draft Report Preparation. Such participation of the related stakeholders take place during entire period of preparation of EIA report. Section 18 of the EPA, 1996(now EPA, 2019) empowers the prescribed authority to close down such act immediately and impose fine up to one hundred thousand rupees in case any person implements a proposal requiring environmental assessment without any approval or carries any act in contrary to the approved proposal. 3.2.3 Soil and Watershed Conservation Act, 1982 In order to properly manage the watersheds of Nepal, the Soil and Watershed Conservation act, 1982 was enacted. Section 3 of the act empowers the government to declare any area as a protected watershed area. The Act outlines the essential parameters necessary for proper watershed management (including rivers and lakes). 3.2.4 Forest Act, 2019 Forest Act considers forests as “resources oriented” rather than “use oriented”. Act empowers the government to provide the parts of the forest areas to implement projects. Section 10 of the Act has provisioned that GoN can implement land use plan any specific geographical section of the forest and Section 12 restricted to make resettlement and rehabilitation arrangement within forest areas. Section 42 has made three provisions for using of forest areas: (i) the project should be of national priority sub-Section (1), (ii) there is no alternative other than to use the forest area sub-Section(1/2), and (iii) the project should not have significant impact on environment sub-Section (1). Moreover, it requires decision makers to take account of all forest values including environmental services and biodiversity not just the production of timber and other commodities. Section 49 of the Act prohibits reclaiming lands, setting fires, grazing, removing or damaging forest products, felling trees or plants, wild animals hunting and extracting boulders, sand and soil from the National forest without the prior approval. 3.2.5 Forest Rule, 1995 The Forest Rules 1995 (amendment, 1999) further elaborate legal measures for the conservation of forests and wildlife. Based on forest legislation, thirteen plant species are included in the level protection list. Of them, GoN has banned the felling, transportation and export of Champ (Michelia champacta), Khayer (Acacia catechu) and Sal (Shorea robusta). The Rule also stipulates that the entire expenses for cutting and transporting the forest products in a forest area to be used by the approved project shall be borne by the proponents of the project. 3.2.6 The Aquatic Animal Protection Act, 1961 This Act indicates an early recognition of the value of wetlands and aquatic animals, Section 3 renders punishable to any party introducing poisonous, noxious or explosive materials into a water source, or destroying any dam, bridge or water system with the intent of catching or killing aquatic life. Under ESMF of BBIN 1 34 Section 4 of the Act, Government is empowered to prohibit catching, killing and harming of certain kinds of aquatic animals by notification in Nepal Gazette. 3.2.7 National Parks and Wildlife Conservation Act, 1973 and Rules The National Parks and Wildlife Conservation Act, 1973 address for conservation of ecologically valuable areas and indigenous wildlife. The Act prohibits any movement of a person without written permission within the parks and the reserves (Article 4). The Act further prohibits wildlife hunting, construction of houses and huts, damage to plants and animals etc., within the reserve, without the written permission of the authorized person (Article 5). The Act has also listed 26 species of mammals, 9 species of birds and 3 species of reptiles as protected wildlife (Sch.1). 3.2.8 The Buffer Zone Management Regulation, 1996 The Buffer Zone Management Regulation, 1996 has mandatory requirement to have permission of Warden to carry out following activities within a buffer zone area:  Occupying any land without legal ownership or cutting trees, clear forest or cultivate forestland  Any activity damaging forest resources or setting fire in the forest  Excavating stone, earth, sand or mine or removing minerals, earth or other such materials  Using any harmful poison or explosive substances into the river, stream or source of water flowing in the buffer zone, and  Hunting illegally and any act damaging to the wildlife.  This regulation is applicable for the new road construction between Nagma and Gamgadhi which will lead through the buffer zone of Rara Lake National Park. 3.2.9 International Legal Provisions with Likely Relevance for Road and Bridge Projects Nepal is signatory to many international conventions, which deal with the protection of environment and have to some extent also bearing on road project designing. For example, the convention on Biological Diversity was signed by Nepal at Rio de Janeiro on June 12, 1992. The convention provides a broad framework on the need for carrying out EIA to minimize adverse impacts of the projects and programs on biodiversity. The Article 14 of this convention provides the provision of impact assessment and minimization of adverse impacts. In broader sense, it calls upon the signatory parties to introduce appropriate procedures for EIA and ensure public participation, exchange information on adverse effects on biodiversity of other states, notify immediately possibly affected other states in case of danger or damage to biodiversity and to initiate action to prevent or minimize such damages. Other legal obligations relate to the following international conventions and agreements:  The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989  The Vienna Convention for Protection of Ozone Layer, 1985  UN Framework Convention on Climate Change, 1992  The Agreement on the Network of Aquaculture Centres in Asia and the Pacific, 1988  The Plant Protection Agreement for the South East Asia and the Pacific (as amended), 1956,  The Convention on International Trade in Endangered Species of Wild Fauna and Flora, (CITES), 1973  The Ramsar Convention (Convention on Wetlands of International Importance Especially as Water Fowl Habitat), 1971 ESMF of BBIN 1 35  The Convention for Protection of the World Cultural and Natural Heritage, 1972  The UN Convention to Combat Desertification, 1994 3.3 Road Construction and Land Acquisition 3.3.1 Public Road Act (2031 BS) The Public Road Act is the governing legislation for construction and operation of roads in Nepal. The Act prohibits the construction of permanent structures (buildings) in a defined distance from the rural road, i.e., the road agency has the authority over everything within the right of way. The act makes provision for cases where road projects temporarily require land and/or other properties during construction, rehabilitation and maintenance. A Compensation Determination Committee (CDC) determines compensation in case of loss of assets, business or production. Provisions are also detailed for compensation for the extraction of construction materials. Article 19 of the Act mandates requirement of permission from the Department of Roads to carry out activities within the limits of the road boundaries. As per Article 29, local governmental offices have to give notice to the DoR prior to the start of activities in the limits of the public roads. The Act empowers DoR to acquire any land on a temporary basis (for storage facilities, construction camps, etc.) during road construction and upgrading. The temporary acquisition of land containing any buildings (e.g. houses, sheds, temples and schools) is avoided wherever possible. The Act also empowers DoR to “lift earth, stone or sand from any adjoining land” during construction and upgrading works. The Act does not provide for leasing of land. However, DoR is required to pay compensation for any damages caused to buildings, crops and trees, where the farming activity of the landowner is interrupted, and where the landowner has to incur expenses to restore the land after its return. Compensation is determined between DoR and the titleholder, or through mediation, involving officials from the relevant VDC and District. The GoN may prohibit, through notification in the Nepal Rajapatra (Government Gazette), the construction of any permanent structure (other than walls) within 6 m of the road formation edge. 3.3.2 Land Acquisition, Resettlement and Rehabilitation Policy, 2014 Land Acquisition, Resettlement and Rehabilitation Policy, 2014 was finalized in year 2014(2071 BS) highlights about compensation in 12.1 to 5 and about the risk factors in compensation from 17.1 to 4 3.3.3 Land Acquisition Act, 1977 Land Acquisition Act, 1977 (2034 BS) with amendment in 2018 (2075 BS) guides the compulsory acquisition of land in the country. The Land Acquisition Act 1977 and the Land Acquisition Rules 1969 (2026 BS) are the two main legal instruments that specify procedural matters of land acquisition and compensation. Government can acquire land at any place in any quantity by giving compensation pursuant to the Act for the land acquired for any public purposes or for operation of any development project initiated by government institutions (Section 2 and 3). The powers given under these sections are very broad as government is empowered to acquire any land in the name of public works. The Constitution of Nepal, 2015 (2072 BS) Article 25 (3) provides for compensation to be paid to the individual if the state takes land for development purposes and procedures shall be as prescribed by the Act . ESMF of BBIN 1 36 With respect to the resettlement policy framework, the following legal provisions outlined in the Land Acquisition act are relevant:  The acquisition and compensation of privately-owned assets are undertaken according to a formal procedure, consisting of (a) initial procedures, (b) a preliminary investigation process, (c) acquisition notification, (d) compensation notification, and (e) appeal procedures.  Compensation Determination Committees are established (at district level) to ascertain compensation rates for land and other assets.  Compensation must be paid (a) for damages caused as a result of investigations during the preliminary investigation process, and (b) for land and assets permanently acquired by the project (including, standing crops, trees and houses).  Compensation must take depreciation for salvage materials into account.  Compensation must be in cash (lump sum), although titleholders who have lost all of their landholdings may be given replacement land, if available.  Compensation will be made to the person who has the right to claim for the compensation; to be entitled to compensation for land, a person must submit an official land registration certificate at the time of compensation.  Titleholders are required to submit compensation claims or complaints within a specified period after the land acquisition notice had been issued by the Local Authority (Chief District Officer). Compensation for land is paid after determination of rates and verification of the list of entitled applicants by the CFC.  Two separate rates of compensation can be paid i) to titleholders who lose all their land, and ii) to titleholders who lose only some part of their land.  In determining the compensation amount, the committee has to consider relevant periodic guidelines of GoN and the loss suffered by persons due to acquisition of land, shift of residence or place of business to another place.  If the land has to be acquired the CFC has to consider the following in determining the compensation amount: price of the land prevailing at the time of notification of land acquisition, price of standing crops and structure, and damage incurred by persons being compelled to shift their residence or place of business due to land acquisition.  If the land owner will not be in contact of the district administration office or concerned project office to claim the compensation amount, then the chief district officer will publish public notice to receive the amount within 3 month. If the concerned land owner will not be in contact within 3 month then that amount will be automatically deposited in the compensation reserve fund of Government of Nepal. 3.3.4 Land Acquisition Guidelines 1989 Two sets of guidelines related to land acquisition are significant for DoR Sector Wide use. They are the Land Acquisition Guidelines of 1989 and guidelines pursuant to section 16 and 17 of the Land Acquisition Act 1977 (2034 BS). These guidelines specify two categories of affected families, Project Affected Families (PAF) and Seriously Project Affected Family (SPAF). A PAF consists of the members of a household including elderly dependents and minor children (under 18 years) residing under one roof and operating as a single economic unit, who are adversely affected by the project. SPAF is defined as a family who looses over 25% of its total land holdings or whose land is reduced to an uneconomic holding (less than 5.0 katha) or who is being displaced. ESMF of BBIN 1 37 Under these guidelines the concerned officials, with the assistance of the project team, are to carry out assessments of project affected families to identify their standard of living and types of assets. Valuation of land and asset lost were to be based on comparative market values of similar assets in the vicinity. The guidelines also included arrangements for rehabilitation of project-affected families. For PAF's, the compensation package includes cash for assets acquired or damaged by the project and a rehabilitation grant (assistance allowance) to cover any suffering and hardship. For SPAF's, the compensation additionally include employment for one family member and provision of skill training. The Guidelines specify the establishment of an Acquisition and Rehabilitation Committee (also known as Compensation Fixation Committee, “CFC”) consisting of the concerned Chief District Officer (Chair), Land Revenue Officer, representative of the District Panchayat (now DCC) and the Project Manager and others as deemed necessary. The Committee is responsible for acquiring land and paying compensation. In 1993, a second set of guidelines reduced the Acquisition and Rehabilitation Committee to a four-member Compensation Fixation and Rehabilitation Management Committee by dropping the Land Revenue Officer and other governmental appointees. The functions and powers of the committee were clarified, as were methods of payment and means of ensuring fair valuation of land quality. 3.3.5 Land Reform Act 1964 (2021 BS) The provisions of the Land Reform Act 1964 pertaining to the maximum permitted size of individual landholdings also apply to land acquisition, since a landowner may not be compensated for more land than he is entitled to under the Land Acquisition regulations. The Land Reform Act additionally specifies the compensation entitlements of registered tenants on land sold by the owner or acquired for development purposes. The Act amended most recently in 2001 (2058 BS) has established a rule that when the state acquires land under tenancy, the tenant and the landlord will each be entitled to 50 percent of the total compensation amount. 3.3.6 Land Revenue Act 1977 (2034 BS) Land acquisition for the project involves change of ownership of land. Article 8 of this act states that registration, change in ownership, termination of ownership right, and maintenance of land records are done by Local Land Revenue office. Similarly article 16 affirms, if land revenue is not paid by the concerned owner for long period of time, the revenue can be collected through auction of the parcel of land for which revenue has been due. In any case, the details of land acquisition and ownership transfer involved during acquisition and payment of compensation are directly or indirectly guided by this act. 3.3.7 Labor Act, 2017 (2074 BS) The Act has been passed for provisions for the rights, interest, facilities and safety of workers and employees working in various sectors. Section 11 (3) of the Labor Act provides for the employment contract and the matters to be covered under the employment contract in further Act requires the employment contract to include (a) remuneration, (b) benefits, and (c) terms of the employments of the Employee and such other matters as prescribed. Section 64 (1) states that the main employer must obtain the employees from licensed labor supplier. If outsourced employees are not from the licensed labor supplier, They are deemed to be employees of the main employer. The employer should ensure the employees are provided minimum remuneration and facilities as per this act., This act also states about, arrangement of occupational ESMF of BBIN 1 38 health and safety measures to the labors. According to the Act no person may be engaged in work without providing an employment agreement to the employees. A written employment agreement is not -required for casual employees. However, the written agreement is required for longer period employment. The employment agreement should specify the remuneration and other facilities of concerned employees and the terms and conditions of service. The employment agreement may provide for benefits to be provided to managerial level employee in lieu of any overtime hours he/she is required to work. Section 53 provides terminal benefits to labor with 8.33% of basic remuneration every month as a rate of gratuity and shall be deposited in Social Security Fund by employer. Section 54 of the act ensures medical insurance of at least one hundred thousand rupees (Rs. 100,000) per year for every worker. Similarly, section 55 provisioned for coverage of accident insurance with at least seven hundred thousand rupees (Rs. 700,000) for every worker. An employee can be suspended for the period he/she is imprisoned or for up to three months during the investigation for misconduct for which the service can be terminated. 3.3.8 Child-Related Act 1993 (2048 BS) and Child Labour Act 2001 (2056 BS) The Child-Related Act 1993 and the Child Labour (abolition and regulation) Act, 2001 are the major acts related to child labour in Nepal. The Article 2 (Ka) of these acts refers “Child” to the children below 16 years of age. The Child Labour (Abolition and Regulation) Act is the most recent and revolutionary decision to overcome the child labour problem in Nepal. Article 3 clause1 of the act states that any child below the age of 14 years prohibited for labour employment. However, clause 2 states that it is prohibited to engage children below 16 years in works in risk-prone sectors such as public transportation and construction related works. In other words, any employment of children below the age of 16 is to be excluded from becoming contracted in any of the BBIN sub-project's construction works. Children between 14 and 16 years of age may become engaged in other light and low-risk jobs such as roadside planting and drainage clearing. 3.4 GoN Policies Supporting Vulnerable Communities (IPs) In all regions where roads are to be newly built or upgraded under the BBIN 1 Project there is high incidence of poverty and vulnerable groups. Accordingly, all Project Designs shall give sufficient consideration, based on current policies and good practices, to develop strategies while addressing uplift of livelihoods of these groups. Nepal does not have a standalone policy on Indigenous Peoples, However in the Tenth Plan significant emphasis has been placed on delivering basic services to the disadvantaged and indigenous people, Dalits , women, disabled and other vulnerable groups including the Adhibasi/Janajati indigenous people. 3.5 World Bank Environmental and Social Framework and EHS Guidelines The Environmental and Social Framework (ESF) became effective on October 1, 2018 and applies to all Investment Policy Financing (IPF) projects initiated after this date. It makes important advances in areas such as labor, non-discrimination, climate change mitigation and adaptation, biodiversity, community health and safety, and stakeholder engagement including expanding the role of public participation and grievance mechanisms. The ESF enhances the World Bank’s commitment to sustainable development through ten Environmental and Social Standards (ESS) that are designed to support Borrowers’ environmental and social (E&S) risk management. The ESF uses a risk-based approach that applies increased oversight and resources to complex projects and promotes increased responsiveness to changes in project circumstances through adaptive risk management and ESMF of BBIN 1 39 stakeholder engagement. The ESF enables Borrowers to better manage project risks as well as improve environmental and social performance, consistent with good international practices. It has provided scope for Borrowers to be innovative and has helped prompt dialogue on specific E&S risks relevant to their own national development agendas. The relevancy of 10 ESSs to BBIN 1 and Action taken for compliance is given in Table 3.1. A gap analysis between the ESSs and the government regulations are summarized in Table 3.2 along with the proposed gap filling measures. Table 3.1: World Bank ESSs and Relevance to BBIN Environmental and Social Standards Relevance for Action Taken for compliance BBIN ESS1: Assessment and Management of E&S Risks and Impacts Yes ESIA, ESCP, SEP, C-ESMP, RAP, IPDP etc. ESS2: Labor and Working Conditions Yes ESIA, ESCP, SEP, C-ESMP, LMP etc. ESS3: Resource Efficiency & Pollution Prevention and Yes ESIA, ESCP, SEP, Pollution Management Abatement Plan etc. ESS4: Community Health and Safety Yes ESIA, ESCP, SEP, COHS plan etc. ESS5: Land Acquisition, Restrictions on Land Use and Yes ESIA, RAP etc. Involuntary Resettlement ESS6: Biodiversity Conservation and Sustainable Yes ESIA, BMP, Critical Habitat Management of Living Natural Resources Assessment (CHA) etc. ESS 7: Indigenous Peoples/Sub-Saharan African Historically Yes FPIC, IPDP etc. Underserved Traditional Local Communities ESS8: Cultural Heritage Yes ESCP, SEP etc. ESS9: Financial Intermediaries N/A ESS10: Stakeholder Engagement and Information Disclosure Yes ESCP, SEP etc. ESMF of BBIN 1 40 Table 3.2: Gap Analysis between WB Environmental and Social Standards and GoN requirements Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements ESS 1: ESS 1 requires the Borrower will Environment Protection Act (EPA), The Schedules are based on activity  Detailed E&S Screening (by Assessment assess, manage and monitor the 2019; Environment Protection type, threshold/size, as well as inlcuding associated projects) shall and environmental and social risks and Regulation (EPR), 2020; and; location. The potential risks be carried out as per ESMF management impacts of the project throughout National Environmental Impact associated with the project are followed by detailed ESIA/ESMP to of the project life cycle so as to meet Assessment Guidelines, 1993 are omitted in GoN policy. bridge the gap between WB and Environmental the requirements of the ESSs in a legal instruments for the GoN requirements. However, for and Social manner and within a timeframe requirements of Environmental government clerance, separate IEE Risks and acceptable to the Bank. and Social Assessment of any No provision for associate project Impacts development projects. or EIA will be prepared as per the projects/activities; large projects can the standard be split into smaller projects to avoid The Borrower will: (a) Conduct an full ESIA study.  The ESMP to be prepared shall be environmental and social made integral part of bidding assessment of the proposed project, document so that the Contractor including stakeholder engagement; The EA requirement in Nepal is (as for provision of services) shall (b) Undertake stakeholder primarily based on project’s size, adhere to the provisions engagement and disclose location and financial threshold; prescribed in the ESMP during appropriate information in irrespective of the level of potential execution of the project. accordance with ESS10; (c) Develop risks. It gives total freedom to an ESCP, and implement all proponent to design and implement measures and EA on their own (for example all documents including Scoping, ToR, Actions set out in the legal EIA reports are prepared by agreement including the ESCP; and proponent and approved by (d) Conduct monitoring and concerned government offices. reporting on the environmental and Experiences have shown that not all social performance. projects need for EA is justified based on size, location, thresholds. Scope of EIA may not cover all WB ESS. ESMF of BBIN 1 41 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements EPA/EPR does not allow use of other types/forms of assessments. Does not emphasize hierarchy of measures in ES risk management planning ESS 2: Labour There are numbers of requirements Labor Act (2017) and Labor Rules Current OHS legislation is not  Labour Management Procedures and Working of ESS2 under the following 2018; and; Child Labor Act (2001) adequate (No separate legislation on (LMPs) is under draft stage and it Conditions heading: are legal instruments. OHS). will be implemented in the  Working conditions and project implementation management of worker Current OHS mandate is provided  Sub-project specific OHS plans relationships; only in Chapter 12 of the Labor Act) will be developed by the  Protecting the work force; contractors  Grievance mechanism; Lack of industry-specific standards  Occupational Health and (DoLOS has so far issued only one Safety directive: OHS Directive for Brick  Contracted workers; Workers)  Community workers; and;  Primary supply workers ESS 3: The Borrower shall consider EPA (2019), Lack of suitable enforcement  Resource efficiency and pollution Resource ambient conditions and apply EPR (2020), mechanisms for legislation on prevention in any project activity Efficiency and technically and financially feasible National Ambient Air Quality resource use efficiency in projects will be capatured in ESIA/ESMP Pollution resource efficiency and pollution Standards (2003), preparation. Prevention prevention. Nepal Vehicle Mass Emission  WBG EHS guidelines or/ National and Standard (2012), National Ambient standards (depending on which Management Sound Quality Standard (2012), one is stricter) related to Standard on Emission of Smoke in Air by New and Existing Diesel environmental protection and Generator (2012), resource efficiency will be National Water Quality Standard complied with by the project. (2008), ESMF of BBIN 1 42 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements Tolerance Limits for Industrial Effluents to be discharged into Inland Surface Waters (2003), The Solid Waste Management Act (2011), Solid Waste Management Rule (2013), Water Resources Act (1992), Water Resources Rules (1993), Drinking Water Regulation (1998), Drinking Water Quality Standards ESS 4: There are numbers of requirements The EPA identifies the direct and  There is limited coverage as  ESIA/ESMPs developed under the Community of ESS4 under the following indirect human health impact as scope of ESIAs do not project will address all community Health and headings: one of the components in necessarily include community health and safety issues that arise Safety assessing the effect of safety issues. during execution and operation of  Community health and safety and development projects.  Public health legislation does the project.  Security personnel not specifically impose . EPA Section 7: Nobody shall create requirements for development pollution in such a manner as to and infrastructure projects. cause significant adverse impacts on the environment or likely to be hazardous to public life and people's health. ESS 5: Land There are number of requirements Land Acquisition Act (1977) Guthi  Does not require preparation  The project shall be required to Acquisition, of ESS 5 under following headings: Corporation Act (1976) Land of RAP prepare vulnerability assessment Restrictions Acquisition Guidelines (1989) Land and mitigation plan for the on Land Use  General (Eligibility Reform Act (1964)  Does not allow for PAP affected people that have impacts and classification; Project design; consultation in the Clause 3 of the Land Acquisition Act on their livelihood after losing the Involuntary Compensation and benefits for compensation options states that any asset that is land. Resettlement affected persons; Community required for public purposes shall  Does not allow non-cash  A Resettlement Framework is engagement; Grievance be acquired by providing compensation options such as being prepared to provide mechanism; Planning and compensation. land-for-land and replacement guidance for any resettlement implementation); homes, only “arrangements for activities. rehabilitation” and “priority in employment”. ESMF of BBIN 1 43 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements  Displacement (Physical Compensation Fixation Committee  Valuation of lost assets  The project shall assist those who displacement; Economic shall establish the Compensation considers depreciation and have impacts on their livelihoods displacement); rates. hence not at replacement cost due to land acquisition by the  project including tenants. Collaboration with other Guthi Corporation Act, 2033  Does not make mention of responsible agencies or (1976). Section 42 of this Act states compensating non-titleholders  The lost assets need to be fully subnational jurisdictions; and; that Guthi land (religious trust land) (tenants, long-term land users, replaced and affected livelihoods acquired for the purpose of the restored.  Technical and financial development shall be replaced with encroachers and squatters).  Pragmatic livelihood assistance assistance. other land, than compensated in program shall be designed by the cash project. Compensation shall be provided for  The project shall develop loss of crop damaged and income alternative forms of compensation source. or assistance for adversely affected non-title holders, encroachers and squatters. ESS 6: There are number of requirements Aquatic Animal Protection Act  Natural habitats are not  All the provisions of relevant laws Biodiversity of ESS 6 under the following (1961), National Park and Wildlife specifically required to be will be complied with by the Conservation headings: Conservation Act (1973), National assessed in the EIA project. and Park and Wildlife Conservation  Does not specifically require  A separate Biodiversity Sustainable  General (Assessment of risks Regulations (1974), Soil and Biodiversity Management Plan Management Plan needs to be Management and impacts; Watershed Conservation Act even where biodiversity impact developed for project activities of Living  Conservation of biodiversity (1982), Himalayan National Park is found significant in the EIA that have potential impacts on Natural and habitats; Regulation (1979), National Trust Resources for Nature Conservation Act (1983), biodiversity and critical/natural  Habitats are classified as the Forest Act (2019), Conservation habitats. Modified habitat; Natural Area Management Rules (1996), habitat; and Critical habitat Buffer Zone Management Rules  Legally protected and (1996), Plant Protection Act (2007) internationally recognized areas of high biodiversity value;  Invasive alien species ESMF of BBIN 1 44 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements  Sustainable management of living natural resources and primary suppliers ESS 7: There are numbers of requirements National Foundation for the  The GoN encourages  An Indigenous People Developmen Indigenous of ESS 7 under the following Development of Indigenous development programs to Framework (IPDF) is being Peoples/Sub- headings: Nationalities Act (2002), Local Self- incorporate income generation prepared to provide guidance to Saharan Governance Act (1999), ILO African  General (Projects designed Convention 169 (2007) schemes for IPs. mitigate any impacts on IPs. solely to benefit indigenous  The provision of FPIC and  The project shall seek to maximize Historically peoples/Sub-Saharan African The GoN encourages to include and broad community support in the ability of Adivasi/ Janajati to Underserved historically underserved consider IPLC's concerns in each relation to IPs is absent. benefit from the project by: Traditional traditional local communities; and every development and Nonetheless, the GoN has a. creating an environment Local infrastructure programs and ratified ILO 169 and the United for social inclusion; Communities Projects where indigenous formulate a plan or mechanism to Nations Declaration of Rights b. enabling their peoples/Sub-Saharan African incorporate income generation of Indigenous People participation in policy historically underserved program targeted to IPLC. traditional local communities (UNDRIP). discussions and decision are not the sole beneficiaries;  The GoN is in the process of making; Avoidance of adverse impacts; preparing National Action Plan c. promoting their culture, Mitigation and development to implement these language and knowledge benefits; Meaningful international commitments. through different project consultation tailored to activities. indigenous peoples/Sub- Saharan African historically underserved traditional local communities;  Circumstances requiring free, prior and informed consent, FPIC (Impacts on lands and natural resources subject to traditional ownership or under customary use or occupation; Relocation of indigenous peoples/ Sub- ESMF of BBIN 1 45 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements Saharan African historically underserved traditional local communities from lands and natural resources subject to traditional ownership or under customary use or occupation; Cultural heritage); Grievance mechanism; and; Indigenous peoples/Sub- Saharan African historically underserved traditional local communities and broader development planning. ESS 8: Cultural There are numbers of requirements  The EPA (2019) and EPR  Does not include intangible  The ESMF has incorporated Heritage of ESS 8 under the following (2020) provision that physical cultural heritage "Chance Finds" provisions and headings: requirements and cultural resources shall  Does not provide for the not be disturbed or damaged  ESMPs to be developed under the  General development of Cultural without the prior approval of project will aim to address any  Stakeholder consultation and Heritage Plan issues of cultural heritage that may concerned authority. identification of cultural  Does not provide for the be affected by the execution and heritage (Confidentiality;  Ancient Monument Act (1956) application of globally have provisions on cultural operation of the project. Stakeholders’ access); recognized practices in the heritage  During the drafting stage of this  Legally protected cultural study, documentation and ESMF, not all cultural heritage is heritage areas; protection of cultural heritage identified and documented.  Provisions for specific types of  Does not provide for adoption However, through a collaborative cultural heritage of chance find procedures approach community will be (Archaeological sites and consulted in identifying cultural material; Built heritage; heritage sites with local Natural features with cultural significance/importance and significance; Movable cultural documented and follow CHP-CFP. heritage); and;  Commercial use of cultural heritage ESMF of BBIN 1 46 Nepal’s policy framework and Gaps between ESSs and GoN & Gap-Bridging Measures World Bank ESS requirements requirements legal and policy requirements ESS Requirements ESS 10: There are numbers of requirements  Prevailing national polices  Does not require stakeholder  The project has prepared a Stakeholder of ESS 10 under the following including EPA 2019 and EPR analysis and preparation of Stakeholder Engagement Plan Engagement headings: 2020 has envisaged the stakeholder engagement plan (SEP) to ensure that stakeholder and engagement activities are effective Information  Engagement during project stakeholder engagement at  Does not provide for different stage of the project and meaningful consultation is Disclosure preparation (Stakeholder continuous stakeholder design and implementation. engagement/consultations carried out including guideline for identification and analysis; Stakeholder consultation, beyond EIA process during establishing a comprehensive GRM Stakeholder Engagement Plan; disclosure and grievance construction and operation with clear, safe and accessible Information disclosure; hearing system are procedures to identify and Meaningful consultation); phase provisioned. respond to grievances, including  Engagement during project SEA/SH, cases. implementation and external reporting; \Grievance mechanism; and;  Organizational capacity and commitment ESMF of BBIN 1 47 3.5.1 WBG General Environmental Health and Safety Guidelines, 2007 The WBG General EHS Guidelines 2007 guides users on common EHS issues potentially applicable to all industry sectors. This guideline provides an approach to the management of significant sources of emissions, including specific guidance for assessment and monitoring of impacts. The EHS guidelines also provide guidance on prevention and control of community health and safety impacts that may occur during new project development, at the end of the project life-cycle, or due to expansion or modification of existing project facilities. The guideline highlights general approach to the management of EHS issues at the facility or project level. The guideline entails the inclusion of EHS considerations into corporate and facility-level business processes in an organized, hierarchical approach highlighting with the identification of EHS project hazards and associated risks. Further, the risk management strategies will incorporate engineering and management controls to reduce or minimize the possibility and magnitude of undesired consequences when impact avoidance is not feasible. 3.5.1.1 Environmental Health, and Safety Guidelines for Toll Roads, 2007 The EHS guidelines for Toll Roads include information relevant to construction, operation and maintenance of large, sealed road projects including associated bridges and overpasses. The guideline highlights the environmental issues specific to construction and operation of roads include the habitat alteration and fragmentation, storm-water, waste, noise, air emissions, and wastewater. The guidelines also highlight occupational and community health and safety and performance indicator monitoring of environment and occupational health and safety. The issues associated with the construction and operation of roads primarily include physical hazards, chemical hazards, and noise. 3.5.1.2 Workers’ accommodation: processes and standards. A guidance note by IFC and the EBRD, 2009 In the lack of universally applicable international regulations on workers’ accommodation standards, there are some international standards/guidance on food safety, water sanitation, and waste management. Appropriate standards for the construction and operation of worker housing falls within the performance requirements on labour issues expected of clients. The Standard comprises planning and assessing the requirements for workers’ accommodation in accordance with international, national, and local regulatory framework. The guideline also provides the principles and standards applicable to the construction of workers’ accommodation, including the transport systems provided, the general living facilities, rooms/ dormitories facilities, sanitary and cooking facilities, food safety, medical and leisure/social facilities. Finally, the document consists checklist in order to access general regulatory framework of established accommodation, to assess the need for and impact of workers’ accommodation on communities, standards provided for workers’ accommodation, managing worker accommodation, etc. ESMF of BBIN 1 48 4 Baseline Environment An overview of the existing baseline information for the project area obtained from the secondary literature review is presented in this chapter. Detailed baseline environment of the Project area (covering biophysical and socio-economic environment) will be collected and presented in the subproject ESIAs/ESMPs. 4.1 Influence Area The influence area of the Butwal-Gorusinghe-Chanauta comprises about a 2km wide corridor along 70 km-long East-West Express Highway. It covers all areas that are likely to be directly (within the 50 m right of way where all upgrading works will take place, and 150 m on either side of the road where temporary facilities could be established) or indirectly (within one km on either side of the road where the indirect biological impacts could occur) affected by the proposed construction and operational activities. The influence area for the trade facilities would be decided on the proposed subproject sites; however, a minimum 2-km wide area around the proposed site and along the access roads will be considered as the influence area as a minimum. The project sites are located in the Kapilbastu and Rupendehi Districts of the Lumbini province. 4.2 Physical Environment 4.2.1 Physiography The project areas are located in the Terai region of southern Nepal. The Terai is about a 25-km wide region lowland region in southern Nepal that lies south of the outer foothills of the Mahabharat Range (Himalayas), the Chure Range (Sivalik Hills), and north of the Indo-Gangetic Plain. This lowland belt is characterized by tall grasslands, scrub savannah, sal forests and clay-rich swamps. The elevation in the Terai region ranges from 95 to 150 m. 4.2.2 Climate tropical and sub-tropical climate with humid and hot characteristics. In general, the rainy season starts in June and ends in September. About 80% of the rainfall occurs in this season. The Northwest wind brings dry and cold wind bearing little moisture and accounts for the remaining 20% of the annual rainfall in the dry season. The average minimum temperature of Kapilbastu is 18.79 0C and the maximum temperature is 30.930C. The average minimum temperature of Rupandehi is 19.040C and the average maximum temperature is 31.080C. The average annual rainfall in Rupandehi and Kapilbastu District are 2501mm, 1622 mm, respectively. There is high rainfall in the month of July and gradually decreases in August to October. 4.2.3 Hydrology The major rivers in the project area are Tinau, Banganga and Khila kola, with widths ranging from 100 m to 200m. All rivers in the project area are characterized by large floods with heavy suspended loads from June to September during the monsoon. The sediment deposits in the rivers are very huge, and they are being widely extracted for construction activities. Most of the rivers in the project area are perennial. However, some rivers have low flows during the dry period. Some small rivers and streams that originated from Siwalik Hills are prone to flash floods during the monsoon but have no flow the rest of the time. The groundwater sources are also abundant and occur at a shallow level. Groundwater is the main source of drinking water supply and irrigation. In the study area, the aquifers ESMF of BBIN 1 49 are mainly recharged by rainwater infiltration perennial streams like Tinau River, Badganga River and their seasonal tributaries 4.2.4 Geology The Terai region is formed by thick alluvial deposits, and the surface soils are dominated by silt and clay. Nepal is located in one of the most active seismic zones of the earth as it lies in the collision zone between the Indian Plate and the Eurasian Plate. The Indian Plate is continuously moving at a rate of approximately 20mm per year and pushing the Eurasian Plate resulting in devastating earthquakes in this region time and again. In the last century alone, Nepal experienced some catastrophic damages due to earthquakes of 1934, 1980, 1988, and 2015. 4.2.5 Surface Water, Air, and Noise Quality The surface water quality is generally good, with no sources of pollution around the project area. The water quality studies carried out along the Butwal – Gorusinghe indicated that water quality complies with the national standards. The traffic along the East-West Highway is the major source of air and noise pollution. The particulate matter and total suspended matter in the air quality and noise quality generally exceed the national standards near the highway and comply with the national standards in the rural areas. Air and noise quality was measured during the ESIA study of Butwal-Gorusinghe. The particulate matter concentrations (PM 2.5) in the area vary from 30 to 150 µg/m3 (the national standard is 40 µg/m3). The average daytime noise levels range from 30 to 100 dBA (the national standard is 70 dBA). 4.3 Biological Environment An ecological screening exercise is carried out to identify the key biodiversity areas and protected areas around the project sites using an Integrated Biodiversity Assessment Tool (IBAT) developed by the International Union o for Conservation of Nature (IUCN) and its partners. The project areas are not located in any national or international protected areas. The natural flora in the project area mostly consists of the forests, which play a vital role in the economy of the area as a source of supply of timber and fuelwood and forage. These forests are managed by the communities or communities with the support of the Government. The forests are commercially logged, and the revenues are shared between the community and the Government. About 80 species of trees are reported from these forests. Shorea robusta (Sal) and Pterocarpus marsupium (Indian kino) are the protected species as per the Government of Nepal, banned for felling, transportation and export, and Shorea robusta is the least concern, and Pterocarpus marsupium is near-threatened species as per IUCN The forest area has been fragmented due to the human encroachment, road, and power line in the project area leading to habitat fragmentation. Thus no sufficient habitat for large mammals near the road was found. The movement of mammals might have been hindered by the heavy traffic and human disturbances along the road. Some common species as found in the survey and as reported by locals include mongoose, jungle cat, common leopard, golden jackal, rhesus monkey, terai gray languor, Indian porcupine, wild boar etc. Major threats to the wildlife in the site include poaching, illegal hunting, human disturbances, and habitat fragmentation ESMF of BBIN 1 50 4.4 Socio-Economic and Cultural Profile 4.4.1 Demography According to the 2011 census, the population of Kapilbastu and Rupendehi districts are is 255,237 with an average household size of 5.69. Population distribution between males and females is 47.08 and 52.89 percent, respectively. The average literacy rate of males is 70 percent, whereas female literacy is 55 percent. The population is generally multi-ethnic. Brahmin, Chetri, Janjati, Muslim and Madhesi are major groups in the project municipalities. About 41% of the population is Janjatis, and 21% is dalit. Among the Janjatis, major caste are Magar, Gurung, Newar, Kumal and Tharu. Majority population i.e. 81% is Hindu followed by Buddhist (9%) and around 4.4% are Islam, and 1.4% are Christian. 4.4.2 Occupations In the Terai region, about 64% population is directly engaged in agriculture farming and among them, very few are doing commercial framing rather than subsistence farming. Major occupations of the project area are agriculture, livestock and small-scale business and cottage industry. A good number of people is found engaged in Government and private employment especially hotel, lodge and other industry. Rupandehi and Kapilbastu are also potential tourist destinations due to the birthplace of Lord Gautam Buddha; therefore, a large number of Hotels and lodges and other businesses are being operated in the area, which creates employment opportunities. 4.4.3 Social Infrastructure The project areas have access to social infrastructures such as drinking water supply, schools and hospitals. About 100 percent of the population has access to drinking water, and 70 percent of the population has access to improved sanitation facilities. About 90 percent of the population has access to electricity. 4.4.4 Gender Roles Nepal has high incidences of GBV cases, with mostly women as victims. Out of the 15 most GBV prevalent countries in the world, Nepal ranks 4th in domestic violence and violence by a partner. The current status of gender inequality and gender-based violence in Nepal reveals the serious need to mainstream gender sensitivity and GBV risk mitigation measures at all organization levels and all phases of project cycle. In Nepal, GBV is prevalent due to unequal gender relations and discrimination towards women in both the public and private spheres. It has direct implications on the reproductive health status of women and the physical, emotional, and mental health of their children The overall situation of women in Nepal is far behind when compared with their male counterparts. They are still discriminated against and exploited by their own family members. With son preference, social stigma and other prevailing biases still prevail; women’s mobility, public participation, exposure and orientation are moderated by patriarchal parameters. Participation of rural women is more in household daily drudgeries such as fodder collection, cooking, childcare etc. Thus, they are deprived of making substantial decisions and other avenues of upward mobility. Rupandehi district has a relatively higher literacy rate as compared to Kapilbastu. Hence, women in Rupandehi have more exposure, opportunities and outlets in different walks of life such as economic generation, participation in public forums, and making their voices heard. This part is lagging somewhat behind in the case of Kapilbastu women. Moreover, some underlying social ills like ESMF of BBIN 1 51 witchcraft have also retarded many of them, and such bad practices are institutionally sustained to keep women away from the path of progress and enhancement. Dalit women bear the brunt of double burdens: untouchability and patriarchy. In both districts, the untouchability issue is significantly more in rural areas than in urban areas. Being poorer and landless, Dalits are highly marginalized. Lack of education, job opportunity, economic condition, and health facilities are contributing factors for their lower status than other ethnic groups. A growing trend of out-migration by the youth for jobs abroad has rendered both positive and negative outcomes. Many households’ economic condition has been somewhat better, thus enabling them to afford children’s education, better healthcare, sanitation and career choice. On the other hand, access to constant resources has led to conflict and disharmony and even divorce . ESMF of BBIN 1 52 5 Identification of Potential Environmental and Social Impacts and Risks of Subprojects 5.1 Overview of Impacts Based on the consultations and field surveys conducted, it appears that the BBIN sub-project's proposed under the current program including bridge and highway up gradation program will have varying environmental and social impacts. The significant impacts will arise from the land acquisition and resettlement, cutting of forest vegetation, and risk of pollution from the construction activities. For road subprojects, the upgrading and widening will be carried out within the existing right of way of Butwal-Gorusinghe-Chanauta section. Although, the proposed works for trade facilities are yet to be finalized, they will also largely rehabilitation and improvements of existing infrastructure and ranging from small to medium scale infrastructure. With prudent management options incorporated in the planning it is believed that most of these impacts can adequately be mitigated. The ESMF makes provision that all roads considered under this program will have an Environmental & Social Management Plan, including, a Resettlement Action Plan, and Indigenous Peoples Development Plan, as required. 5.2 Positive Impacts Road Projects are generally intended to improve the economic and social welfare of people. The development efforts of the BBIN 1 will have multi-fold beneficial impacts. The majority of the communities receiving new and/or improved roads believes that improved accessibility resulting from the project will improve their standard of living, give access to nearby markets and resources, education and health facilities. Unanimously the consulted communities are willing to support the road upgradation works. The immediate beneficial impacts from road development become apparent in the construction phase. Depending on the demographic and socio-economic setting in each location there will be various employment opportunities for the local population. During operation stage, an improved road access will bring in most if not all localities, an improvement on overall economic and social stability. Increased road capacity and improved pavements are expected to reduce travel times and lower the costs of vehicle use. At the same time, good and reliable road links will increase access to markets, jobs, education, and health services and reduce transport costs for both freight and passengers. In the long term, the road will provide safe and fast transport of goods and services from rural areas to urban centers and vice versa. This will bring about increase in productivity in the neighborhoods rural areas along the road alignment and eventually improve the overall socio-economic condition of people living in or nearby road corridors. At a more detailed level, the single benefit aspects are discussed hereunder and expected to be detailed in the specific assessments in the forthcoming BBIN sub-projects. The construction of roads and trade facilities will lead to an appreciation of land values around the project facilities, which directly contributes to the increased property value of the households. The value of land increases sharply as soon as the road link is developed ensuring reliable transportation. Road also contributes to rapid commercialization of agriculture which is also a major factor to raise the land value as a result of which many villagers are in a position to initiate modern farming and diversify their production. Local farm families in particular are benefited due to increased value of land after the construction of road and this will have significant ramifications in addressing poverty of many poor families living along the road corridor. ESMF of BBIN 1 53 The improved and rehabilitated road facilitates smooth vehicle movement thereby reducing amounts of unburn carbon, oxides of sulphur and nitrogen. The overall vehicle operating cost will be reduced and thereby transportation cost will be decreased. The journey will be comfortable and travel time will be saved. Similarly, the wear and tear of the vehicles will be less; and fuel consumption of the vehicles will also be less resulting into saving in the foreign currency for the import of these commodities. The improvement of trade facilities will contribute to positive economic growth both locally in the project area and at the regional level between Nepal and India by removing barriers to trade and transportation created due to poor condition of hard and soft infrastructure. The main beneficiaries from the Project will be traders and businesses in Nepal and India who will benefit from the reduced time and cost of exporting and importing goods. Consumers will also benefit from lower prices on imported goods 5.3 Adverse Impacts 5.3.1 Impacts on the Physical Environment and Land 5.3.1.1 Change in Land Use and Loss of Productive Soil Changes of land use due to the construction of road are mainly conversion of agricultural land, forest land, grazing land, public spaces and other forms of land use into built up area may result in numerous social and ecological consequences. In this context, major impacts include reduction of fertile and cultivated land, leading to loss of crops, loss of productive area, increase in food deficiency, increase in malnutrition, loss of habitat of wildlife etc. In addition, change of land use due to road construction also results into relocation of private houses and properties, losses of public places, grazing land and social conflicts. 5.3.1.2 Quarrying of Construction Materials The construction of road, particularly the structures such as retaining walls, culverts, bridges, road surface works etc. require large quantity of boulders, gravels, sand, and other types of construction materials. Good road building materials are hard to find. Poor quality of material will often lead to premature failures of the road pavement. As a result, it is normally necessary to extract materials from wherever a good enough source is available, mostly locally. Such materials are normally mined in nearby locations on local streams and places near the road alignment with a view to saving the transportation cost. Uncontrolled quarrying by contractors from non-approved sources is a damaging activity that must be controlled. 5.3.1.3 Stone Crushing Plants Stone crushing plants are temporary work sites, occurring during construction and rehabilitation of roads. They are normally established in quarries and river beds from where the stones are derived. In addition, stones are often broken for rural roads by hands in these locations by labour force. The operation of crushing plants and stone breaking by labour causes inconvenience to nearby settlements in terms of air and noise pollution. Siltation and pollution of surface water resulting from uncontrolled runoff from storage piles, and damage to the local crops and surface water are also potential impacts. Excessive noise and dust from the plant will create disturbance to nearby settlements, school, health posts etc. Crushing plant site is also a high risk area for accidents and injuries. Also, there will be ESMF of BBIN 1 54 continuous flow of heavy vehicles for carrying the materials to construction sites. If their path is along school and busy market area, there will always be potential risk of serious accidents. 5.3.1.4 Stockpiling of Materials and Disposal of Spoil Material Construction materials are usually stockpiled for a relatively short period without covering. It is often done on river beds or river banks, forest area, open spaces, and cultivated land. This situation may lead to environmental degradation in terms of air pollution, land pollution, pollution of surface water and permanent changes of land use if not rehabilitated after the completion of construction works. Standing crop or future cultivation on land is disrupted. If not appropriately stockpiled with drainage facility, rain water can carry the sediment into water bodies affecting their quality as well as aquatic life. Surplus construction material, cut material, drainage cleaning debris, and landslide mass (spoil) can cause significant environmental hazards, mainly on the adjacent hydrology and habitats if they are side-tipped downhill without appropriate spoil management. This impact occurs both during construction and maintenance operations. Among the common negative consequences are overloads unstable areas causing slope instability and slides, smothering and removal of trees, vegetation and topsoil, causes or promote erosion, kill vegetation, destruction of private property, crops and irrigation systems at foothills, disrupt natural drainages and surface water sources, and pollute water. 5.3.1.5 Air Pollution Air pollution due to vehicle emission (particulate matter, nitrogen oxides, hydrocarbons, carbon monoxide, sulfur dioxide, lead, aldehydes) and dust raised by plying of construction vehicles and operation of machinery, crushing plant etc. may cause a nuisance to roadside walkers and nearby residents. Dust layer accumulates on the leaves of roadside vegetation limiting their growth and assimilation capacities, and affects the roadside settlements. Many of the air polluting agents are known to cause respiratory and eye disease to people exposed for long duration. Roadside tea shops and cafeterias usually keep food in open, over which dust layer naturally settles. This is directly consumed by people. Although the evidence of concrete health hazards is often not known, it is definitely not hygienic, and may cause stomach ailments. Dust may considerably affect school going children, school and health posts besides the road. Low quality of fuel, age and poor quality of vehicles, lead from petrol engines are the other causes of pollution. Also driver’s behaviour may dramatically contribute or diminish local air pollution: Engines produce higher emissions while decelerating, accelerating, and climbing grades, so any road features which encourage these actions also encourage higher emissions. During operation phase, the improved road would attract more vehicles. As the result of the increased traffic, more air pollutants including GHGs can be emitted while the improved road capacity would contribute to the reduction of pollutant emission through smother traffic flow. 5.3.1.6 Noise Pollution Road construction and maintenance generally require the use of heavy machinery and crusher plants. Noise associated with road development has four main sources: (i) vehicles (engines, transmission, exhaust and suspension); (ii) friction between tire of vehicles and road surface; (iii) driver behaviour (excessive honking, loud music, shouting at each other, causing tire to squeal by sudden breaking or acceleration); and (v) construction and maintenance activity. Although the construction activities are intermittent and localized, they nevertheless contribute to significant amounts of sustained noise during equipment operation. Chronic noise exposure can be a source of nuisance, creating communication problems and leading to elevated stress levels as well as associated behavioural and ESMF of BBIN 1 55 health effects. It can cause auditory fatigue, temporary and permanent lessening of hearing ability, sleep disorders, and can contribute to learning problems in children. Noise may prevent many animal species from approaching or crossing road corridors because they are afraid. As a result, road corridor becomes a barrier to regular wildlife migration routes, and effectively rendering roadside habitat areas inaccessible to some species. Such disturbance reduces the success of these species and contributes to ecological alteration. Livestock and wildlife may experience breeding problems and other forms of behavioural disturbances. The vibration induced by the resonance of traffic noise can have a detrimental effect on structures standing near the road. This is of particular concern in the case of cultural heritage sites. 5.3.1.7 Hazards caused by Combustible and Toxic Materials Contractors may store fuel, oil and lubricants, diesel and petrol, bitumen, solvents and other toxic chemicals for use in construction work. Inappropriate storage of such materials or accidents of tankers may cause spillage or leakage, polluting surface and groundwater, contaminate soil, cause fire and explosion hazards and nuisance to human health. Combustible materials mostly comprise fuels and lubricants, bitumen, and jute netting. The most common risk involved is bitumen distributors catching fire. Cement, a widely used material but can cause minor chemical burns and skin problems to the users. Protective clothing is rarely provided or used. In hot weather, it may be uncomfortable and therefore its use is difficult to enforce. 5.3.1.8 Potential impacts caused by Bitumen The use of bitumen is one of the most hazardous materials used for road construction and maintenance activities. Bitumen storage is a frequent environmental problem that can only be met by special precautionary measures. Bitumen drums often get damaged during transit, leading to a leakage in storage places which often are not or not adequately cleaned up afterwards: Negative examples are plenty in Nepal, e. g. former storage area of Kurintar, where pools of split bitumen can still be found in cattle grazing areas, many years after the rehabilitation of the road was completed. During application, workers are often (for various but unacceptable reasons) not adequately protected. Bitumen is applied at a high temperature, leading to a considerable risk of burns. However, it is most often applied in hot weather, making protective clothing uncomfortable, and enforcement of its use difficult. A problem frequently associated with layering of bitumen in Nepal is the exploitation of local forest timber as firewood for heating bitumen. Release of bitumen into the environment through runoff into surface water is another environmental hazard, with secondary effects discussed in above section . 5.3.1.9 Change in River Regime Construction of road bridges may lead to modification of flood plain and river bed and affect landscape and aquatic ecology. This will cause changes in the river regime (morphology, longitudinal profile and hydrological character) basically due to guide bunds, flood protection works, construction of piers etc. The effect of this is depended on the size and location of a bridge as well as nature of the river. The extraction of sand and gravel from the river during bridge construction is another reason for such changes The extraction of sand and gravel could continue even after completion of the bridge construction. ESMF of BBIN 1 56 5.3.2 Impacts on Biological Resources 5.3.2.1 Clearing of Forest Some sections of the Butwal-Gorusinghe-Chanauta road pass through the forests including two community/government collaboratively managed forests. The proposed road widening, from 2 lanes to 4 lanes, will require clearance of these forests. For the Butwal-Gorusinghe road widening, around 9,386 number of trees will be felled from community forests, collaborative forest, government managed forest and public land/settlement area. Out of 9,386 trees, 5,517 are trees, 1,691 are pole size and 2,255 are saplings. From forests 7,109 number and from public land total 2,277 number will be felled. 2,136 number of Shorea robusta(Sal) tree will be felled from all type of forests during road upgrading, which is highest number in terms of species lost. Sal is one of the most important sources of hardwood timber in Nepal. 7 5.3.2.2 Habitat Fragmentation and Barrier to Wildlife Movement Corridor The forest area has been fragmented due to the human encroachment, road, and power line in the project area leading to habitat fragmentation. Thus no sufficient habitat for large mammals near the road was found. The movement of mammals might have been hindered by the heavy traffic and human disturbances along the road. Some common species as found in survey and as reported by locals include mongoose, jungle cat, common leopard, golden jackal, rhesus monkey, terai gray languor, Indian porcupine, and wild boar etc. Major threats to the wildlife in the site include poaching, illegal hunting, human disturbances, and habitat fragmentation. 5.3.3 Impacts on Socio-Economic Environs 5.3.3.1 Loss of Productive Land The most immediate effect of road development on soil is the elimination of the productive capacity of the soil covered by roads. The best sites for road development (flat and stable) are also ideal for agriculture. The narrow and linear character of road makes the impact of lost land seem minimal, but when the width of RoW is multiplied by its length, total area of land removed from production becomes much more significant. It impacts on local economy, food sufficiency of the area and have socio-economic implications, leakage of oil and lubricants and other chemicals on cultivable soil and communal water resources. Soil productivity can also be reduced significantly as a result of compaction with heavy machinery during construction leakage of oil and lubricants and other chemicals on soil etc. 5.3.3.2 Land and Property Acquisition, Compensation, Resettlement and Rehabilitation Road development often requires the procurement of privately owned land. This land has to be acquired by the government from its current owners. While it is sometimes possible to negotiate a price for voluntary sale of a property, governments often have to use eminent domain to acquire properties for public projects. By its nature, expropriation may cause economic losses and social and psychological disruption for the affected individuals and their families. An increase in commercial activities like general shops, lodges, hotels, liquor shops, as a consequence of opening new road links may lead to the increase (or in some cases decrease) in land values (adjoining and others). Operation of roads may bring about changes in the agricultural practices, productivity, crop-variety, etc. and land-uses (increase in built-up areas, decrease in agricultural areas, forest areas, etc.), farmers' livelihood and may also encourage tourism. The induced changes are not necessarily limited to the immediate vicinity of the road route. Both positive and negative social and environmental consequences are possible from such changes. After construction of road and better ESMF of BBIN 1 57 access, a situation may develop in which the value of land in a particular area is increased, leading to higher rental value, a turnover in occupancy, and a replacement of lower income tenants and residents by those who can afford the higher rents (often migrants and/or outsiders). This process, known as gentrification, is mainly a distributional issue, recognizing that a road development project can harm the weaker segments of the community while favouring the wealthier ones. The government's right to expropriate carries with it a responsibility to ensure that those affected do not bear an unfair share of the costs of a project which will bring benefits to others. In the simplest terms, this responsibility should be to ensure that the standard of living of all affected persons is restored to the level enjoyed before the commencement of the road project. Depending on how well the resettlement is planned, it may go a long way in compensating for the loss and disruption, or it may exacerbate the suffering. More details on resettlement, compensation and eligibility are presented in the RPF. In cases where local settlements are affected in road upgrading projects, the specific IEEs/EIAs under the forthcoming BBIN Program make due reference on how to solve locally the problems of relocating and compensating private structures and business (particularly in locations where the upgrading works happen in rural market areas). The economic impacts of expropriation may include the loss of houses or businesses, or the loss of business income, either temporary or permanent. The social and psychological impacts and associated costs are more complex, and they are often much more devastating. Business people may find their established clientele cut off from their shops or experience changes in business practices they neither anticipate nor like. These kinds of social and economic changes often find personal expression in a variety of physical or psychological disorders. The existence of new establishments of squatters on the right-of-way pose particular challenges for road and land-use manager. There are many reasons why the poor, the homeless, those pursuing informal economic activities, and small-scale farmers encroach upon the publicly owned right-of-way and, in many cases, the existing road surface. More often than not, road projects tend to displace these persons whose very presence signifies their need for special attention. Legally, projects often recognize only formal registered titles. The result is commonly impacting the road structure, and impedes proper maintenance operations. Among the most frequent encroachment observable in rural settings of Nepal are:  Selling of goods, whether from individual kiosks or more expansive markets;  Small business such as cafes and vehicle repair shops;  Uncontrolled stops by buses, taxis, and informal public transport;  Unregulated parking, often related associated with business activities;  Production of bricks on the road surface; and  Growing of crops and drying of farm produce within the road reserve. Various forms of informal or unregistered title, including usufruct rights (permanent or temporary use), seasonal use rights, rights of access to commons, and others that adds to the complex nature of resolving land-use conflicts. However, lack of legal tenure of land or assets should not be regarded as a criterion for withholding financial compensation or assistance in relocation. Instead, it is important to distinguish those who were living in the project area prior to project approval from those who have invaded the area simply to benefit from the relocation. New road generally stimulate ribbon settlement along the alignment, often resulting in incremental adverse environmental and socio-economic problems if not properly managed. Some of the undesirable activities of people living or moving near roads are over-grazing of terrains otherwise needed for embankment stabilization, unauthorized and inappropriate collection of ESMF of BBIN 1 58 firewood/fodder/mowing from road reserve and vicinity, cultivation without terracing in the immediate vicinity of road, cultivation to the very edge of terraces or cut slopes, uncontrolled quarrying of stone and clay from the road cut slopes, poor construction and maintenance of irrigation canals causing water to seep into road slopes and slash and burn cultivation in road vicinity. It is strongly emphasized to control and restrict ribbon development after new or upgraded road projects come into operation. Good land-use planning must be developed to reverse the direction of such undesired development. In specific, markets areas need to be planned for further expansion to avoid increased congestions, accident risks and impediments for large transport vehicles and delivery of goods. As applicable, road bypass solutions need to be considered as principal mitigation and future planning measure. 5.3.3.3 Disruption of Community Structure and Livelihood Rural communities owe much of their vitality to economic and social interactions. Ironically, while roads are central to continuing interaction, new or widening of roads can cause disruption to local interactions which outweigh benefits. Thus, both new road and significant widening have the potential to split a community. Neighbourhoods can be disrupted and, in the worst instances, broken up completely by large construction projects. People who meet on a daily basis and who constantly do each other small but important favours may be left deprived when separated by physical barriers or long travel distances. The split effect of roads crossing through settlements poses specific risks when school children have to cross that road repetitively during school days. The Introduction of faster traffic, access controls, and median barriers generally cuts traditional lines communication. Alternative routes for local movements provided after new construction can be sometimes substantially longer, directly affecting businesses, pedestrians, and users of non-motorized transport. The burden of accommodating to changes is generally greater for the poor. In rural areas, the normal links between villagers and their farmlands may be cut by a new road or increased traffic. On the negative side, communities may fear a loss of business from the diversion of traffic, and some community activities may “migrate” to the new route, potentially changing existing land use patterns and possibly undermining the objective of greater control of access on the new route. By-passes, like other road projects, can also cause changes in vehicle flow on the secondary network, possibly creating nuisances if traffic should increase at some locations. 5.3.3.4 Conflicts in or with nearby Host Communities While most resettlement planning concentrates on those people who need to be resettled, the community or communities that receive and absorb the resettlers must also be taken into consideration. In regions where arable land is scarce, or whether other basic resources such as fuel wood and water are in short supply, the impacts on the host community from the influx of a new group of ''users" can be severe and highly controversial, leading at times to frictions and even physical clashes. The host areas' ability to sustain a resettled population without serious resource depletion should also be assessed. Important factors to consider include:  Availability of clean water (in all seasons)  Amount of productivity of agricultural land  Utilities  Health services  Education facilities ESMF of BBIN 1 59  Sewage disposal and water delivery systems  Road network Great care must be taken to avoid resettling people in areas where they will be viewed as trespassers talking up resources in short supply, or in areas which are totally foreign to them. In the former case, the resettlement can become a major source of tension within the community and may end up being the basis for enduring conflict. In the later case, people who are resettled in unfamiliar environments may have considerable difficulty adjusting, e.g., having to learn new agricultural methods to apply on different soils. Resettlement may drive these people into long-lasting poverty or destituteness. 5.3.3.5 Impacts on Vulnerable Indigenous People and Dalits Indigenous people and Dalits are commonly among the poorest segments of a population, especially in the remote areas of Nepal. Dalits have the lowest status in all sense, i.e., lacking land resources, livestock, education, sufficient income, access to all services and facilities (including cultural and religious). In many rural areas it is the tradition that Dalits depend on Adhibasi/Janajatis (indigenous people) and so-called higher castes for livelihood whereas the indigenous groups depend partly on higher castes for supporting their livelihoods. Indigenous people engage in economic activities that range from shifting agriculture in or near forests to wage labour or even small-scale market-oriented activities. The cultural, social, political and economic integrity that characterizes indigenous peoples renders their lives vulnerable to disruptions from outside. Whether a road is being planned to cross an area inhabited by indigenous peoples or to open up that same area, it will have a marked effect on their lives. A ‘Cultural Shock Effect’ is not uncommon when isolated communities are exposed relatively rapidly to increased communication with the outside world. The general principle that should be followed throughout the BBIN Program is to apply to the maximum extent a strategy that specifically adopts the good opportunities for vulnerable groups and women. The sub-projects shall therefore explore processes to engage local (experienced) NGOs/CBOs who will mobilize local groups to become engaged as unskilled labourers in the planned work construction activities. The NGOs/CBOs will coordinate the contracting process and ensure that the Contractors will pay fair, timely and gender-equal salaries to the same category of works. The NGOs/CBOs may also explore possibilities to arrange for funds where part of the salaries will be added. These funds then may be used for establishing cooperatives for developing other income-generating options, and avoid that newly gained incomes will not be lost. The foreseen construction works must also take into due account that the new access situation to formerly remote and backward regions will invariably affect social cohesion, produce physiological effects on the individual. Road planners, working closely with indigenous community representatives and sociologists, must attempt to enable indigenous people to adapt at a pace and in ways that they can manage and control, and explore all means to avoid social tensions and conflicts between outside staff (mainly technicians, suppliers) and local people. Impacts on indigenous people from poorly planned road projects can be:  Loss of Traditional Sense of Identity: For many traditional groups, the land is an inextricable part of themselves, their lifestyle, and their livelihood. Flora and fauna are typically considered beings that are an integral part of their cosmos. Thus, the very definition of self is bound up with the land, and its flora and fauna, in a manner often alien to outsiders. Roads can too easily disrupt this sense of identity and may lead to an ecological imbalance when the local population loses responsibility for their proper environment. ESMF of BBIN 1 60  Loss of Livelihoods and Violation of Traditionally-exercised Land Rights: New and improved roads bring increased contact with outside people, who either occupy the land for farming or exploit other resources such as minerals, forests, or wildlife. The increased competition for existing resources can put the indigenous people at a disadvantage, especially when the settlers introduce ecologically inappropriate and unsustainable production systems. Often indigenous people have no recognized land ownership, and they are not compensated for the land that is taken from them. Rather than fight for their rights in an alien national legal system, they may withdraw from the new population centres, thus increasing the population pressures on another, already traditionally occupied land. In extreme cases, physical conflicts can break out between settlers and the host communities when the latter try to reclaim their heritage and traditional rights.  Health and Social Problems: The new arrivals of migrants, as well as the road construction crews, often bring with them serious health and social problems, including endemic diseases, sexually transmitted diseases, violence, crime, alcohol abuse and other conflicts that destabilize traditional lifestyles and can take a heavy toll among relatively isolated indigenous people. 5.3.3.6 Damages of Community Infrastructures Experience has shown that road construction activities often disrupt community infrastructures such as irrigation canals, drinking water supply systems, electric poles, telephone lines, water ponds, schools, foot trails and cattle trails. Disruption is caused by siltation or burial of irrigation canals, exposure and damage to water supply pipes. Such situations may lead to inconvenience for rural populations in terms of carrying out their routine lifestyle due to disruption of facilities. This can potentially cause social conflicts and will affect smooth progress of works. 5.3.3.7 Potential Impacts and Conflicts associated with Road Construction Work Forces Occupational Health and Safety (OHS) of workers is an important issue during construction. The occupational health and safety concern arises from the operation of stone crushing, bitumen use, operation of earth moving equipment, use of blasting materials, and all other construction activities. Accidents may occur during the construction and operation of roads causing injuries or loss of property and life. Some common reasons for accidents in rural road works include unsafe excavation, collapse of trenches, injuries from unsafe tools/equipment, lack of protective clothing, debris falling from hill slopes, inappropriate disposal of construction and campsite wastes, electric failures, etc. OHS can only be maintained by stringent awareness training through the contractor, and by providing adequate medical arrangements ready in case of emergency, including provisions for fatal accidents and invalidity. Similarly, OHS issue also covers the quality of living space, facility of clean drinking water, sanitary practices with toilets and solid waste management system etc. within the labour camps. Dust raised by construction activities and blown by air may pose health risks to the workers and inhabitants near the road alignment. Construction practice should employ dust control practices/measures and construction activities should be scheduled taking this into account. Vector Diseases are another common problem associated with the sudden influx of work personnel. Gathering and contacting local people may lead to transmission of infectious/communicable diseases. Disease transmission is facilitated by the migration of people, particularly among migrant labourers. If proper sanitary conditions are not maintained in the camps, it may create pool of waters and pile of waste which will attract vermin and vector diseases. Such vectors and new diseases may spread to local population, who are not immune to such diseases. Stagnant water bodies created due to road construction such as borrow-pits and quarries may become breeding sites for disease vectors. This ESMF of BBIN 1 61 may contribute to increase in number and type of disease vectors and incidence of water-related infectious diseases. Increased movements of people (from or to outside) may introduce new diseases to the area (particularly, communicable diseases like Tuberculosis, cholera) Communicable and sexually-transmitted diseases especially COVI-19 and HIV/AIDS are of particular concern in border regions with India. Spread of these communicable diseases is one of the prime concerns associated with large construction camps. Effective countermeasures and highest level of attention are mandatory in road development projects planned in areas with highly affected HIV prevalence. Moreover, the sub-project will take necessary measures to contain the risks posed by the COVID-19, that includes adopting COVID-19 related protocals issued by the government of Nepal, the WHO and the WB and making both workers and members of local community aware of the protocals and other required precautionary measures. Effective measures are frequent awareness campaigns, involving both the labour forces and the local communities, and regular health check-ups among both to detect and control transmission of such diseases. Such activities are to be carried out by both specifically engaged NGOs in conjunction with the contractors who must be obliged for such actions in specific contract clauses. Competition for local water supply and water contamination are other potential sources of conflicts between the work forces and local communities. Extraction of large amount of domestic use waters and surface or groundwater contamination often occurs when an influx of people associated with the road project overloads the local sanitation infrastructure, and encourages the spread of water-borne diseases. Accidents involving spillage of fuel and chemicals may pollute water source and contaminate water supply. Cultural and social conflicts may arise when outside workers get in contact with locals of different cultural background. Often conflicts may be associated with increased consume and availability and consumption of alcohol and drugs. Adequate efforts should be made to maintain social harmony and co-operation among the workers and local residents. Other social issues during construction are payment to the workers/labours (in time and adequately); protection, improvement and integration of approach trails and tracks, chautaras, etc. to the road as special features; road-side new income generation activities (tea-stalls, dal-bhat shops, PCO/telephone booth, milk booth etc.); traditional activities (cultivation, porter goods). 5.3.3.8 Road Safety Impacts Road safety issues naturally increase when the upgraded/new roads go into operation. Inherently, roads bear accident risks that may cause adverse effects to the individuals afflicted and may lead to a variety of direct and indirect environmental damages. Traffic accidents because of negligent crossing or walking, undefined crossing sites, narrow road, low quality shoulder surface, poor visibility, careless driving in high speed, rushing in the roadway, lack of non-motorized lanes, inadequate traffic signs, inappropriate road standards and designs, and by natural disasters. There are many features of a road and its associated structures which influence the risk or the severity of a road. Pertaining parameters include:  pavement and shoulder condition, roughness and surface grip;  presence of roadside poles, trees, ditches, steep slopes, and barriers;  signage, markings, intersection layout;  roadside access, parking, and bus stop arrangements;  provision of pedestrians, cyclists and other non-motorized road users.  traffic control and enforcement of traffic rules ESMF of BBIN 1 62  drivers behaviour and license system  public safety awareness and educational standards  vehicle maintenance  road maintenance; 5.3.3.9 Impact on Cultural and Historical Assets Cultural heritage is a form of expression of human values which serves to record past achievements and discoveries.Cultural heritage include tangible and intangible heritage, recognized and valued at local, regional, national or and/or global level. Cultural heritage includes sites, structures, and remains of archaeological, historical, religious, cultural, and aesthetic value . It is important to identify and assess the impact of works on cultural heritage sites and practices, paying attention to adverse impacts on aesthetic, historical, scientific, and social value, in addition to its amenity value. The process of identifying and assessing impacts on cultural heritage will be conducted collaboratively with local communities including Guthis of such sites and assests. Cultural and historic sites may be threatened by road construction and associated works such as excavation, filling, quarrying and spoil disposal, and unregulated/increased access to cultural heritage sites. Such activities can destroy heritage sites or alter their characteristics. Aesthetic impacts on cultural monuments and archaeological sites can occur. Construction of roads can open up access to heritage sites and facilitate encroachment of culturally and historically important areas (temples, shrines, dharamsala, sattal/pati, religious sites, mela, jatra, caves, graveyards, forts, palaces). On the other hand, the increased accessibility may attract visitors to these areas which encourage better use, care and conservation of the same. 5.3.3.10 Impact on Landscape Aesthetics The adverse aesthetic impact can commonly result from poor design, faulty identification of likely impacts during the process of EA, and lack of commitment from responsible agencies and stakeholders. Badly designed road structures and affiliated structures. Landscape sores relates particularly to ill-designed or monitored activities resulting from borrow pit and quarrying operations, from landslides that could have been avoided, and from indiscriminate dumping of spoil material. Deteriorating aquatic systems are equally sources of reduced landscape values, especially when signs and secondary effects of pollutants become evident. A road can be visually attractive or unsightly depending on its physical layout within the surrounding landscape and how far the attention is given to detailed designs, road-side planting and maintenance. In contrast, road design may lack aesthetical considerations when a landscape is distorted by repellent cuts, repulsive borrow pits, unused quarries, and landslides, all leading to depreciation and loss of scenic values of the site. Road induced activities may lead to the generation and mismanagement of wastes (solid and liquid) in the roadsides and create scars on the landscape. ESMF of BBIN 1 63 6 Environmental and Social Impact Management Measures 6.1 Introduction This Chapter presents a set of technical aspects to guide planners and contractors to cope with typical environmental and social impacts as they are likely to occur in the forthcoming BBIN 1 Project. The Chapter is organized to provide the framework for the planners and practitioners of the EAs while considering typical mitigation measures as they occur in the chronological sequence of road development projects in Nepal. It is also attempted to give guidance in elaborating credible, feasible and cost-effective actions to implement the proposed mitigation measures, and how to ensure that these actions will later be implemented in the desired manner. While doing so, this framework presents practical and proven methods to maximize the beneficial impacts, and at the same time to avoid or minimize adverse impacts. The mitigation measures basically follow a commonsense approach that aims to viable, practical, and cost-effective solutions, which in turn would supplement its environmental and social sustainability. As such, four approaches are pursued: preventive measures, seeking alternatives, undertaking corrective measures, and arranging for compensation where particular impacts are unavoidable. 6.2 Phase-wise Mitigation Measures for Environmental and Social Risk and Impacts 6.2.1 During Design Stage The mitigation measures adopted during the design or pre-construction phase will aim to address and mitigate expected environmental and social impacts of the proposed road & bridge investments, are of preventive in nature with two basic objectives: (1) avoiding costly mitigation and (2) awareness among the stakeholders for environment protection while rehabilitating and operating infrastructure services. 6.2.1.1 Detailed Survey and Design At this stage, the consultants shall conduct a census survey and assess the potential impacts and losses on properties and lands, and establish the baseline data for compensation. The detailed survey and design shall include all possible preventive measures to avoid or minimize slope instability, disruption of water systems, minimize disturbance to settlements, minimize forest loss, and affect cultural assets and the aesthetic value of the landscape. The design shall adopt an environmentally and ecologically friendly approach to minimize the impacts during the execution of rehabilitation works as far as practical. Bio-engineering can be used for slope stabilization in an environment-friendly manner and plan for using local resources and manpower. For wildlife conservation, the hot spots for road kills and the areas where wildlife movement and migration and potential human wildlife conflict should be considered are identified, and the necessary design solutions such as wildlife crossing, fencing and/or afforestation/landscape restoration should be introduced. 6.2.1.2 Inclusion of ESMP requirements in BOQ To become effective and verifiable, all provisions mentioned in the ESMP shall be reflected in the Bill of Quantity (BOQ) explicitly while issuing Tender Document for the Contractors. The contractors must clearly quote these activities in BOQ rate and provide beforehand any comments in case of opposing these clauses. ESMF of BBIN 1 64 6.3 During Construction Stage 6.3.1 Benefit Augmentation Measures Increased Income and Employment Opportunities The road and bridge construction and rehabilitation work will use large numbers of man-days of unskilled local labourers. This will increase the individual living standard of the selected beneficiaries and enhance the local economy. The coordination for local employment arrangements will be facilitated through local authorities as applicable. Supplementary activities and programs might be considered that will equally be facilitated through contracted NGOs, e.g. access to micro finance, cooperatives, cottage industries and diversification of crop and non-farm products. Enhancement of Technical Skills During the road upgrading works, the local labourers will be given training in the road, soft engineering structures construction/ maintenance and bio-engineering works. This can help them to find a job as skilled workers in future projects as an alternative occupation in addition to agriculture. Enhancement of the Local Economy During construction/rehabilitation works, there will be a large number of people and construction/ maintenance crew working in the area. Consequently, there will be a great demand for consumable goods and local products such as vegetables, poultry and dairy products, cereals, and fish. Small food shops and tea stalls will be in demand. The proposed enhancement measure is to facilitate the process where local people may be willing to obtain micro-credits to start some enterprises. 6.3.2 Mitigation of Impacts on Physical Environment 6.3.2.1 Addressing Changes in Land-use and Loss of Land In cases where impacts to the adjoining land are unavoidable, appropriate mitigation measures shall aim at minimizing the impacts and increasing the productivity from the remaining land  Applying specific/additional protective measures that the remaining land will not have any detrimental effects (caused due to road rehabilitation works)  Improving agricultural extension service  Improving/widening forestry extension services to increase productivity and NTFP diversification in Community Forests  Choose good sites for compensatory plantation in response to the vegetation cleared due to construction/ rehabilitation works. 6.3.2.2 Coping with Slope Failure and Erosion Good practices and prevention measures to cope with erosion and associated problems are :  Mass Balancing techniques to be applied so as to avoid the production of excess spoil material and reduce the need for borrow pits  Choose the best work period to limit risks of erosion- avoid rainy season  Avoiding previously contaminated sites  Avoiding the creation of cut spots and embankments which are of an angle greater than the natural angle of repose for the local soil type,  Protecting trees and vegetation in the road alignment vicinity and re-vegetation of cut slopes as soon as possible. ESMF of BBIN 1 65  Replanting disturbed areas during rainy season to recover the area.  Drainage improvement to control location, volume and speed of water flows in water courses in the vicinity of exposed soils and slopes. Bio-engineering methods should be employed to the maximum extent possible to protect slopes. Replanting cleared areas and slopes is the most effective action to be taken in reducing erosion and stability problems. It should be undertaken as early as possible in the construction/ maintenance process as soon as the soil becomes stabilized and before erosion becomes too advanced. The benefits of such bio-engineering solutions are:  Catch and retain material moving over the surface;  Armour the surface against erosion and abrasion by intercepting raindrops (leaves);  Reinforce the soil profile by increasing its shear resistance (roots);  Drain the soil profile by drawing water out through the roots and releasing it to the air by transpiration; and  Facilitate infiltration of water through the soil profile, thereby reducing the proportion of water flowing over the soil surface (roots). In many cases, vegetation alone may not be enough to prevent erosive damage to slopes, and various engineering measures may be needed to complement or replace it. The use of slope retaining techniques may be necessary when slopes are unstable because they are too high and steep; climatic conditions are such that establishment of vegetation is slow or impossible; there is risk of internal erosion or localized rupture because of drainage difficulties. Well-established engineering measures for slope protection include the following:  Intercepting ditches at the tops and bottoms of slopes.  Gutters and spillways are used to control the flow of water down a slope;  Terraced or stepped slopes to reduce the steepness of a slope;  Riprap or rock material embedded in a slope face, sometimes combined with planting;  Use of retaining structures such as gabion, cribs etc. with battered back against the slope;  Gravity stonewall or RCC wall. In addition, there are a variety of mitigation measures at choice, such as jute netting, bamboo terracing, turfing, construction of Hessian-bag walls, dry-stone retaining walls, gabion walls, drainage ditches/works, etc. that may be used for slope protection. Change of road alignment may also become necessary at some instances. The sophisticated techniques like the use of traditional retaining walls should only be adopted in the most difficult cases when there is no other viable solution. Other precautionary measures include undertaking cut and fill activities during dry season, construction of drains and ditches to avoid the damages by water flow and the regular maintenance of the slope protection measures. Compensatory measures to cope with erosion and associated problems are: Topsoil (15 to 25 cm top layer) is an important natural resource that needs to be preserved to the extent possible. It takes a long time to form a layer of topsoil and is therefore a high priority is accorded to the conservation of the soil during road construction. Topsoil must be carefully stripped separately from subsoil and collected from area of excavation and stored at a designated safe place for later use. It should be stored with protective measures, including covering, making bund and drainage around the stockpile etc. It should be reused to reclaim land, form a cover layer on spoil disposal and landscaped areas, reclaimed land, slope of embankments prior to turfing or replanting or developing as farmland. This way, the productive area lost can be compensated to some extent. Other measures ESMF of BBIN 1 66 may include remediation of soils whose productive capacity has been reduced during the construction phase, for example by using a subsoiler to break up hardpan produced by compaction with heavy equipment. 6.3.2.3 Addressing Destabilisation of Slopes Due to the complex interaction between water, soil, fragile geology, seismic events and topography, common features particularly in hilly regions of Nepal are slope failures, landslides, and mass wasting. These factors can easily be further aggravated by road construction activities such as earth excavation, namely in unstable zones, drainage works, quarrying and spoil disposal. Practical mitigation measures are at hand such as:  First, design the road with optimum balance in cut and fill with good positioning of road and good construction supervision.  Second, do not undertake road construction during peak rainy season. In mountainous terrain, gradual widening, i.e., construction of narrow track of typically 2 m width in the first year and widening later, provides opportunity to natural stabilization of the slopes and growth of vegetation during rainy season. This helps to control slope failure and soil loss in the hills and mountains. The high geometric standard of highways and feeder roads of DoR/GoN is difficult to achieve in many areas with irregular terrain. Although the main slopes are often massive, there is very often a micro- topography of spurs and re-entrants which make it difficult to achieve the geometric standard without a considerable amount of slope cutting. Older roads such as the Tribhuvan-Rajpath and the Kathmandu – Trishuli road, built to a lower geometric standard demonstrate how this can be avoided at the expense of travel speed and comfort. 6.3.2.4 Precaution Measures during Slope Cutting Activities Slope cutting should be done based on the natural type of material, and natural slope should be maintained. The general angle of slope cutting in different types of geological characteristics are given below.  Loose clay and vulnerable geology - 2:1  Compacted soil with slope towards road - 4:1  Soft rock - 6:1  Hard rock - 8:1 6.3.2.5 Avoiding Hazards due to Unsafe Spoil Disposal Construction work implies that extensive excavations will be carried out to prepare for the RoW. Spoil should be well managed with appropriate terracing at appropriate locations. Spoil should be managed adopting the following principles and methodologies:  Preventive Measures: - Careful selection of the road centre line by adjustment up or down the slope should aim to achieve balance between cut and fill within a reasonable haulage length. Alignments on ridges are considered to be best alignment avoiding excessive excavation. Other suitable options include to balance cut and fill for minimizing spoil generation, and to use phased construction techniques.  Mitigative Measures: - Wherever possible, use surplus spoil to fill eroded gullies and depressed areas. ESMF of BBIN 1 67 - If feasible, spoil material may be disposed of in abandoned quarries and borrow pits as means to help restore original contours. - It is advised to use the excavated materials for reclaiming the degraded land in near vicinity in consultation with local communities on their preferences. - Never dispose spoil on fragile slopes, flood ways, wetland, farmland, forest areas, natural drainage path, religious and culturally sensitive sites, wetlands, canals, and other infrastructures. - Acidic and saline spoil shall not be spread onto agriculture land. - Never dispose of spoils on areas that will create inconvenience for the local community or it will deprive their livelihood . - Spoil material may be discharged to a landfill that is constructed using a series of small spoil benches to prevent slope overloading; - During disposal, place the spoil in layers of about 15 cm and compact each layer at optimum moisture content, - After the disposal, the site should be landscaped, provided with proper drainage, plant with vegetation, and provide adequate protection against erosion and scouring. - Spoil should not be disposed of in rivers, lakes and water bodies; - Exposed areas should be planted with suitable vegetation at the earliest opportunity following the GESU/DoR Manual on ’Vegetation Structures for Stabilizing Highway Slopes- A Manual for Nepal’.  Compensatory Measures: - Provide adequate compensation to land and property damaged by spoil storage and disposal; - Use well-covered spoil to build community facilities like playground or park by reclaiming land in public area; - Use spoil in local road net and embankment construction works. 6.3.2.6 Avoiding Hazards due to Water Flow Diversion The road construction & rehabilitation works often implies water flow diversion, with several induced sequential secondary impacts on both the bio-physical and socio-economic environment (e.g. fisheries). Adequate mitigation measures are therefore of paramount importance to ensure environmental soundness of such projects.  Preventive Measures: - Wherever possible, drainage structures should be designed and constructed to have minimum interference with and impact on the natural drainage patterns in the area; - Avoid surface water discharge onto farmlands or risky locations. Always consult local communities regarding location of drainage outfalls. Provide adequate protection measures like apron and walls at the disposal points to prevent scour and undercutting. - Do not divert water away from a natural watercourse unless it is absolutely necessary or otherwise environmentally desirable; - Avoid blockage or diversion of natural channels due to construction/ maintenance of road and bridge embankment and disposal of spoils  Mitigative Measures: ESMF of BBIN 1 68 - Provide suitable water management and gully protection works, e.g. check-dam and bank protection, in the affected areas. In the hills and mountains, it is often necessary to extend these measures well outside the right of way, typically up to 500 m. - Flow speed control: Protect, conserve, and promote ground vegetation including use of grasses (turfing) or replantation of trees which absorbs surface run-off, reduces overland water flow speed, and provides protection against erosion. Structures like riprap and other devices in water channels and dispersal structures in main drains reduces water speed and can substantially reduce potential impacts at their discharge points; - Paving: section of gravel roads prone to erosion and likely to be a source of sediment can be paved to reduce amount of sediment produced. This is especially relevant near water crossings. 6.3.2.7 Avoiding Hazards originating from Quarry and Borrow Activities Collection of construction/ maintenance material may have long-term and sometimes irreversible effects, for example road-side borrow pits may pose increased accident risks, or if left unmanaged, may become filled with garbage and stagnant water being both an eyesore and source of breeding ground for mosquitoes and other disease vectors.  Preventive Measures: - Always select sites which will not result in slope instability, erosion, disruption to natural drainage patterns, river bank cutting, destruction to forest/vegetation, damage to farmlands or other social economic cultural resources. - Borrow sites should be located away from cultivable lands and settlements, drinking water intakes; - Quarry and borrow pit should be located in structurally stable area, even if some distance from construction/ maintenance site. In long run, unsound quarries and borrow pits can promote slides and further aggravate maintenance and traffic flow resulting in higher overall costs. - Quarry and borrow pit location shown in design documents are provided only as a guide. It is the Contractor’s responsibility to verify the suitability of all material sources, and to obtain the approval of the Engineer. If possible, seek borrow pit locations not immediately adjacent to the road shoulder. - The sustainable rate and total amount of extraction from the sites should be assessed. - For both quarries and borrow pits, locations should be selected in consultation with local residents and water users and ensure that irrigation intakes, water intakes, bunds and local fishing areas and activities are not adversely affected. - Educate local communities not to use abandoned quarries and borrow pits as garbage dump sites, and alert them on the inherent health risks when doing so.  Mitigative Measures: - Extraction of sand and stone from seasonal rivers should be avoided due to the impact on complex flood hydrology, which can result in much more serious storm floods. - Extraction of stone and sand should be spread over the longest length possible so that no section of river bed is excessively disturbed; ESMF of BBIN 1 69 - Clearing of trees and other desirable vegetation should be discouraged. Only those trees which are absolutely necessary to operate the sites should be cleared; - If clearing of trees is needed, then the cost of replanting and maintenance for a 12-month period should be included in the Bill of Quantities. As an alternative, the contract for replanting and maintaining the trees can be awarded to local communities, people, or NGO; - Stripped material shall be stored so as to not disrupt natural drainage and shall be protected to prevent erosion and migration of soil particles into surface water. - Temporary ditches and / or settling basins should be dug to collect runoff water and to prevent erosion and contamination of surface water; - The undesirable ponding of water shall be prevented through temporary drains discharging to natural drainage channels; - In case ponding takes place, at the time of decommissioning the site, insecticide spraying may be considered to combat water-borne disease vectors. - Extraction locations should not be near bridge and river training structures; - Location of extraction should be selected where there is little fine material to be carried downstream; - The site should be restored after completion of construction/ maintenance activities, and left in stable condition without steep slopes; - If possible the sites should be filled, final surface should be graded to provide surface water drainage, stripped material should be spread to stable contours in order to promote percolation and re-growth of natural vegetation, and also planted with vegetation to provide protection against instability, erosion and scouring; - The restored site should be drained, and no standing water shall remain. Stagnant waters become disease vectors breeding site and pose threat to public health; - The sites must always be closed and restored in a planned and appropriate manner to suit local conditions and in consultation with the concerned owners and/or community. It should be done before spreading equipment is allowed to leave the site; - Apply proper fencing so nobody can deposit garbage and other waste material in the decommissioned sites. - Land utilized for river bed extraction and quarry site access roads should also be restored, as applicable; - Exposed areas should be planted with suitable vegetation at the earliest opportunity, and the contractor shall follow the recommendations specified by the staff of GESU/DoR.  Compensatory Measures: - Provide adequate compensation to the landowner for providing his area for quarry and borrow pit operation; - Provide adequate compensation to land and property damaged by the quarry and borrow pit operation; 6.3.2.8 Address Risks associated with Stone Crushing Plants Crushers commonly cause problems associated with air and noise pollution. Much of such impacts can be controlled by sensible technical solutions (filters, canvas) and proper site selection criteria.  Preventive Measures: ESMF of BBIN 1 70 - The selected site should avoid being in the main wind direction that would carry emissions to nearby human settlements or sensitive ecological habitats. - Sites for Stone Crushing Plant should be located away from settlement, school, health posts/hospitals; - Stone Crushing Plant should be located away from drinking water sources and intakes, cultivable land and sensitive ecosystem areas including wildlife habitat; - The Contractor must submit a plan indicating the exact plant location, construction/ maintenance schedule and an operation plan to obtain approval of the Engineer before locating and operating stone crushing plants. - The plan should clearly mention in the technical specification the technical preventive measures to control dust, erosion protection, water pollution prevention and safety measures. These measures are compulsory to be adopted by the Contractor; - The Contractor must exert all efforts to supervise this work site, especially to prevent children from approaching the plant.  Mitigative Measures: - Stone Crushing equipment should be fitted with approved dust control devices and operated in accordance with manufacturer’s specifications; - Stone Crushing Plant should be operated only during daytime. If necessary and if requested by locals based on rational reasons, timing of operation should be planned in consultation with local communities so as not to disturb local schools, health posts, markets, settlement areas etc.  Compensatory Measures: - Compensation for land and crops damaged due to operation of crushing plant should be given by the Contractor to the affected landowners; - The site should be cleaned and brought to original condition after closure and dismantling of the crusher. 6.3.2.9 Addressing Issues associated with Stockpiling of Materials  Preventive Measures: - Sites for stockpiling of material should be located away from cultivable lands and settlements, drinking water intakes, public places, near school and health centres; - Sites for stockpiling of material should be located away from forest area, sensitive ecosystem, fragile and landslide prone slope or terraces etc. - The Contractor must submit and obtain approval for a plan on location and mention erosion protection, water pollution prevention and protection from dust nuisance to be adopted by the Contractor; - The Contractor must submit and obtain approval for a plan on access to stockpile location, which must bypass school, health centres, market and other community canters to avoid risk of potential accident.  Mitigative Measures: - Stockpiling of earth fill shall in most cases not be permitted during the rainy season unless covered by a suitable material; - Stripped material should not be stored where natural drainage will be disrupted; - Stockpiled material should be protected from erosion prior to rainy season, including construction of drainage, trenches, and ponds around the heap; - As necessary, seal the area so surface water pollution does not occur; ESMF of BBIN 1 71 - Storage of material on private property will be allowed only if written permission is obtained from the owner of authorized lessee.  Compensatory Measures: - Compensation for land and crops damaged due to stockpiling of materials should be given by the Contractor to the affected landowners; - The site should be cleaned and brought to original condition after closure and removal of the stockpile. 6.3.2.10 Avoiding Water Pollution  Preventive Measures: - Avoid alignments which are susceptible to erosion, such as those crossing steep slopes; - Minimize the number of water crossings by the road, wherever possible; - Use only “clean” fill materials around watercourses, such as quarried rock containing no fine soil; - Leave buffer zones of undisturbed vegetation (width increased in proportion to slope) between road sites and bodies of water; - Do not dispose of spoils, other hazardous substances near water sources or water bodies; and - Do not wash vehicle, or dispose cement slurry etc. in water bodies; - Enforce law and penalties to violators.  Mitigative Measures: - Flow speed control: water speed reduction measures, including use of grasses (turfing), riprap, and other devices in water channels and dispersal structures in main drains can substantially reduce potential impacts. - Settling basins: settling basins are sometimes used to remove silt, pollutants, and debris from road runoff water before it is discharged to adjacent streams or rivers. - Paving: section of gravel roads prone to erosion and likely to be a source of sediment can be paved to reduce the amount of sediment produced. This is especially relevant near water crossings. - Infiltration ditches: infiltration ditches can be used to reduce overland flow by encouraging the movement of runoff down through the soil profile. The volume of flow in downstream drainage structures is reduced, the flow of pollutants is localized, and groundwater is recharged. - Oxidating macrophytes such as cattails in temperate climates can be used to remove some pollutants naturally from settling basins. Such solutions, however, shall only be pursued if there are proven records that these species will not bloom or present competition to other aquatic organisms (such is the case of water hyacinths which rapidly become an invasive nuisance). - Water collection, control and treatment: This is a relatively expensive option for polluted runoff from pavements and slopes, but may be called for in particularly sensitive areas.  Compensatory Measures: - Compensatory measures should be considered if they prove more cost-effective than mitigation or if mitigation proves impossible. - Moving a bore hole away from an adversely affected site, provided the local ground water distribution permits this; ESMF of BBIN 1 72 - Drilling wells for local residents who previously relied on surface water for drinking; - Creating a replacement habitat for wildlife; - Consider aquaculture development programs to compensate for losses in catch fisheries, and - Incorporating environmental enhancements in the projects. 6.3.2.11 Avoid Air Pollution  Preventive Measures: - Route alignment of road away from populated areas. As a general rule, avoiding densely populated sites means fewer potential impacts and reduced need for traffic management measures; - Take measures to reduce traffic congestion (e.g., control encroachment on RoW); - By-pass can keep traffic out of settlements; - Pre-identify the status of air cleanliness or pollution by measuring at selected sites (near proposed alignment) by measuring pre-defined parameters (e.g., CO, hydrocarbons, NOx, dust and particulate matter); - ensure proper driver licensing system - ensure proper training of drivers - Ensure proper maintenance status of vehicles with respect to emissions.  Mitigative Measures: - Selecting road alignments which avoid passing close to housing, school, and work places; - Avoid placement of busy intersections near housing, schools and workplaces; - All heavy equipment and machinery shall be fitted with air pollution control devices that are operating correctly; - Stockpiled sand and soil shall be slightly wetted before loading, particularly in windy condition; - Vehicles transporting sand and soil shall be covered with a tarpaulin; - Dirt and gravel roads through residential areas shall either be black-topped or surfaced with bamboo-reinforced concrete; - Sprinkle water on sites with ongoing construction activities. On associated gravel or dirt roads thrice a day to protect road users from dust nuisance; - Take account of prevailing wind direction when siting roads and road features, including re-fueling stations, near population centres; - Avoid steep grades and sharp curves which would promote deceleration, acceleration and shifting wherever possible; - Seal high-use dirt roads, where they pass through populated areas, to control dust; - Plant tall, leafy, and dense vegetation between roads and human settlements to filter pollutants (see figure below);  Compensatory Measures: - Provision of farmland improvements or more economic space for farmers whose crop options have been restricted, or whole soil has been contaminated due to movement of heavy vehicles during construction/ maintenance; - Provide adequate fund to be used in additional cleaning and maintenance of important buildings and monuments; ESMF of BBIN 1 73 - Improvement of local health care facilities which will aid in treatment of pollution- related ailments; - Promote community development programs that aim at reducing indoor pollution by introduction of more efficient and less smoke-producing cooking techniques. 6.3.2.12 Control of Noise Pollutions  Preventive Measures: - Select route alignment of road away from populated areas, school, health posts, temples and other sensitive areas; - Take measures to reduce traffic congestion by preventing encroachment; - By-pass can keep traffic out of settlements, near school and health centres; - Carry out road checks to identify faulty vehicles. - The Contractor must use good condition vehicles with appropriately maintenance and having proper silencer; - Avoid placement of quarry and borrow pit access, stockpile access, construction sites near settlements residential areas, school and workplaces;  Mitigative Measures: - All heavy equipment and machinery shall be fitted with noise pollution control devices that are operating correctly; - Application of bituminous layer produce less noise than over worn concrete surface or open-graded asphalt or avoiding surface dressings in sensitive areas; - Avoid steep grades and sharp bends to reduce noise during design and construction; - Provide ear mufflers to construction crew working at high noise exposure areas; - Use noise barriers. They are most effective if they break the line of sight between the noise source and the receptors being protected, and if they are thick enough to absorb or reflect the noise received. Various materials and barrier, façade patterns can be used to obtain maximum reflection, absorption or dispersion of noise without being aesthetically ugly. Noise barriers commonly employed consist of earth mounds or walls of wood, metal, or concrete which form a solid obstacle between the road and roadside communities; - Consider erection of noise barriers by planting bushes/hedges in the vicinity of sensitive road sections (e.g., in front of schools and health facilities). - Include education of local drivers in the awareness training provided through the projects. 6.3.2.13 Handling Hazardous Materials  Preventive Measures: - Oblige the Contractor to present a plan for explosive, combustible and toxic materials. An appropriate and approved management plan for safe handling and storage of hazardous material must be compulsory and approved by the Resident Engineer. - Oblige the Contractor to include in this management plan an emergency plan in case of major accidents associated with improper handling or spill of hazardous materials. - The contractor must include fire-fighting training for labourers in his work routine  Mitigative Measures: ESMF of BBIN 1 74 - Hazardous materials shall not be stored near surface waters; - All used lubricants and oil should be collected and recycled or disposed of site in an appropriate manner by not causing environmental and social degradation; - Hazardous materials should be stored only on impervious (concrete or plastic sheeting as approved by Engineer) floor with drainage and collection sump so as to retain leaks and spills; - Apply sealing or binding material in case of major spills of (liquid) hazardous materials; - Soil contamination can be controlled to some extent by using phyto-remediation by incorporating roadside planting strategies to control soil contamination problems. Some plant species render common road-derived contaminants harmless, while other species accumulate them in their tissue, making cutting plants and removing the debris for proper disposal an effective way to get rid of soil contaminants caused by operation of the road. - Immediately inform the MoFE in case of major hazards involving hazardous material and imminent risks for the adjacent natural resources. - Contaminated runoff from storage areas shall be captured in ditches or ponds with an oil trap at the outlet; - Contaminated and worn plastic sheeting shall be packed into drums and disposed off site; - The use and storage of explosives should be as per GoN regulations; - The Contractor must install all safety and warning devices before commencing blasting operation;  Compensatory Measures: - In case where damage occurred to vegetation, due compensation plantation needs to be carried out, as directed by the local Forestry Officers. - In case water resources get polluted, consider due compensation measures and/or payment to those having experienced losses (e.g. farmers, fisher folk, and livestock cultivators). 6.3.2.14 Avoiding Hazards caused by the use of Bitumen  Mitigative Measures: - The contractors must use bitumen emulsion where feasible; - In hilly areas with steep road gradients, cut-back bitumen should be used; - Use of fuel wood for heating bitumen shall be discouraged; - Where heating is required, bitumen heaters should be used, fueled by either kerosene, diesel or gas; - Bitumen should not be applied during strong winds and rainy periods, or if rain is likely; - No bituminous materials should be discharged into side drains; - Nearby trees, vegetation and private property should be protected (with cloth, plastic sheets, straw) during bitumen spraying work; - Bitumen drums should be stored at designated locations and not scattered along the road. - Work personnel handling hot bitumen must wear all time protective cloths (appropriate shoes, gloves). Work time with bitumen should be confined to maximum 4 consecutive hours/day to prevent respiratory hazards. ESMF of BBIN 1 75 6.3.3 Mitigation of Impacts on Biological Environment 6.3.3.1 Addressing effect on aquatic life Impacts during construction/ maintenance period. The construction and maintenance of Roads and Bridges will likely to have impacts on local fish resources. The impacts are loss of habitat, reduced water flow, changes in water quality, and possible increases in river sedimentation are the impacts likely to appear/occur on aquatic life. The possible increase in sediment during dry period may affect spawning areas, survival of fertilized egg and fish. The fry and fingerlings are supposed to be highly affected by choking of the gill. Fish Exploitation/Increase Fishing Activity. Fishing activity in the project area may increase throughout the duration of the project construction/ maintenance due to the influx of people. The labour force and their dependents may involve in fishing activities. Use of dynamites, herbicides and electric rods will have an adverse impact on the local fish population. Use of dynamite, poison and electric rod will not only kill the fry and fingerlings including adults abut also distract the habitat. Loss of Micro Organism. Dewatering below the weirs will have serious impacts on micro flora and aquatic invertebrate. Loss of phyto-planktons, zooplanktons and aquatic insects will be lost in this section. The reduced flow would result in the lower flow velocities increased water temperature and shifts in zooplankton, aquatic vegetation and riparian vegetation. There could be a shortage of fish food for present fish. Fish Entrainment. Some fish species may get entrained in the construction/ maintenance structures especially during the dry season when all the river water river will get diverted during construction/ maintenance period. The loss of fish due to entrainment is site specific. The magnitude of entrainment is expected to be low. Loss of Livelihood of Fisherman. The water diversion structures in rivers, such as cofferdams, will affect the fisheries resources in the project area and influence the livelihood and income of families living around the project area. The local fisherman will be highly affected by the reduced flow.  Preventive Measures - Avoid unnecessary blasting, cutting, excavation. - Construct adequate drainage network - Avoid vulnerable slopes for cutting - Minimize vegetation clearance - Compaction on the dumped material and; - Plantation of tree and bioengineering work should be under taken.  Mitigation Measures. - Aquatic habitat should be maintained healthy. - Debris should be disposed of in a safer place leaving little impact in aquatic habitat. - Spoil Material should be disposed of along the bank of the river. It is advised that project should prepare a detail muck disposal plan throughout construction/ maintenance period. The suitable alternative is the acquisition of land for work force and other units nearby project site. - No disturbances in fish movement during June to October below and above project area. - Strict prohibition of fishing activities. - Gabion and geotechnical structures to prevent any silt entrance to the river. ESMF of BBIN 1 76 - Riparian release the 10-20% of the flow is proposed to maintain the major aquatic life such as the micro flora, invertebrates and minor resident fish species downstream. - Water quality protection measures will have to be applied during construction/ maintenance phase. The construction/ maintenance contractor will require developing a waste management plan which details the use, storage and disposal of toxic, solid and sanitary waste and materials. No direct spillage of petrochemical or toxic materials should be allowed in to the aquatic ecosystem. Latrines established at the construction/ maintenance camp will be located in areas isolated from surface and ground water. - Habitat Management Program for the loss of spawning and rearing grounds and productivity of fish foods and to minimize the fish losses should be undertaken.  Compensatory Measures - Training and awareness program is suggested to compensate the impact on local fisherman and increase the living status of the fishermen - Consider aquaculture development programs to compensate for losses in catch fisheries, 6.3.3.2 Addressing river regime issue (morphology, profile, and scope) The removal of river boulders, temporary diversion of the river for construction of weir, water pollution and possible increase in fishing activities are considered adverse impact of the project during construction phase. The boulders occupy a large pool area acting as fish shelter where as pebbles and gravels deposited in the river provide potential spawning habitat. The excess removal of boulders from a particular place will affect the fish habitat, and cause upstream migration and provide an easy place for exploitation of fishes. The impacts on biotic environment are expected to be mostly negative during the construction of Roads and Bridges. Various project activities are likely to cause the loss of marginal riverine vegetation and local fish resources a result of loss of habitat. The construction phase impacts are associated with sedimentation and water quality changes due to disposal of effluents. Diversion of water will have pronounced effect on downstream water quality parameters.  Preventive Measures - Minimize the negative impacts, prior study of available data, detail study of site specific baseline data, study of impact zonation, water quality measures such as dissolve Oxygen, pH, water temperature, Aquatic plants, Invertebrate and food links should be accomplished. - Study on site specific available local resident, midrange and long distance migrating fish species should be completed to prepare action plan.  Mitigation Measures. - Control soil run-off into the river, provide drainage facilities, and compact fill sites. - Provide enough latrines and community toilets with septic tank/soak pits. - Do not built toilets too close to drinking water source, on the riverbanks and over watercourses. - Divert the stream away from the quarry sites. - Limit extraction to the approved amount. - Ensure release of as much water as possible. ESMF of BBIN 1 77 - Quarrying of boulder and sand from the river should be prohibited for construction uses. This will disturb the whole river morphology, profile, and landscape 6.3.3.3 Clearing of Forest Land and Habitat Damage or Loss Road development projects have manifold direct and indirect (induced) impacts affecting the ecological conditions in the zone of influence at various time and space extent. This holds particularly true for aquatic systems where project-induced impacts are often noticed at much further distance and time lapse. Road projects also bear the inherent risk of attracting ad accelerating illegal timber extraction if not strictly controlled.  Preventive Measures: - Sensitive natural environment areas should be identified early in the planning process so that alternate routes and designs may be considered. Therefore consult forestry and land-use maps, as well as local/regional development plans; - Wherever possible, road developments should be located more than one kilometer away from sensitive areas to avoid severe impacts on flora and fauna; - Establishment of barriers to control entrance to forest areas; - Strict implementation of environmental work code. - Preparation of land-use plan that incorporates environmental and social sensitive locations of at least the environmental corridor and strict adherence to the same can help to preserve the forest and wildlife. - To protect aquatic resources, provide for designated sites for disposal of oil/grease/chemicals,  Mitigation Measures: - Clear trees only when absolutely necessary. Trees falling in right-of-way but not on formation width need not be cleared, rather consider new plantation of selected (non-exotic) species; - Planting in road right of way, adjacent areas, and other public areas in consultation with local people can help to support local flora and fauna. In some cases, compensatory planting in locations away from the road impact zone may provide additional habitats and migration routes for local animals, while also guarding against erosion; - Compensatory plantation should be done in the ratio of 1:10 for each cleared tree, as per decision of the Department of Forest. - Border plant species need to be chosen for resistance to wind or fire in some areas; - Planting should be done wherever possible with native species, which are likely to require little maintenance and may prove beneficial in maintaining ecosystem integrity; - In cases where non-native species of plants are deemed essential, careful monitoring should be planned, to ensure that they do not compete too successfully with native species and spread uncontrollably. - To protect aquatic resources, provide precautionary mechanisms to avoid accidental spills, controlling of open-field defecation by work staff and restrict access and amount to drinking water sources other than agreed with local communities and entitled users. ESMF of BBIN 1 78 - Stream re-channeling should be avoided as much as possible, but where it must be done, efforts should be made to recreate lost channel diversity; - Careful attention should be paid to erosion control techniques near watercourses; - Culvert crossings should be designed with the needs of migratory aquatic species in mind; - Baffles might be installed to slow the flow enough to allow fish and others to swim against the current and culvert bottoms should be set below the level of stream bed; - Pre-development streambed gradients should be maintained wherever possible; - Destructive fishing technique by the labour-force and technicians, such as use of dynamite, fish poisoning and application of gill and electro-fishing shall be strictly prohibited during project implementation period. - Supply meat and fish by contractor to the labour force and construction/ maintenance areas from outside the project area, as possible. - To prevent the introduction of invasive species (by work personnel, supply trucks and machinery used), the project should make adequate provisions and control mechanisms. Visual control for invasive species (e.g. pests, rodents, spoiled vegetables) and adequate destroy mechanisms shall be put in place.  Compensatory Measures: - Replacing damaged or lost biotopes with others of equal or similar characteristics and ecological significance as compensation for lost ecosystem and biodiversity. - Ecologically valuable biotopes damaged by roads can be restored, and nearby biotopes of the same significance can be protected as parks or reserves. - Compensation for lost fish diversity and reduced fisheries production can be compensated by stocking nearby or other fishing grounds with artificially hatched/reared fish fries and fingerlings. Thus, impediments of the livelihood of fishermen families could be eased or set off. - For compensatory aquaculture measures it must be strictly prevented to consider the introduction of exotic species (such as Nile Perches, Tilapia) since these may put the local and indigenous fish fauna and the entire ecosystem balance at hazard. Any compensatory fish stocking must follow a thorough feasibility analysis and assessment by the regional fisheries extension services or experts before adopting this measure. 6.3.3.4 Avoiding Habitat Fragmentation  Mitigative Measures - Animal crossings can be used to assist the migration of animals. At important crossing points, animal tunnels or bridges have sometimes been used to reduce collision rates, especially for protected or endangered species. Tunnels are sometimes combined with culvers or other hydraulic structures. - These measures are expensive and should be used only at a few locations where they are both justified (by the importance of the animal and population and the crossing route) and affordable (relative to the cost of the project and the funds available). - The construction of animal pass has been practiced in some road projects in Nepal such as the upgrading of Narayanghat-Mugling road under NIRTTP project. Construction of such passes will allow wildlife mobility and migration and mitigate the animal-vehicle collision and can reflect it on the other road corridor also. ESMF of BBIN 1 79 - In forest areas, particularly tropical forest, reducing the width of vegetation clearance in selected areas may allow trees to touch over the roadway, providing a means of crossing for canopy dwellers. 6.3.3.5 Control of Illegal Harvest of Forest Products and Poaching on Wildlife The llabourers will depend on forest products for their energy requirement, if not provided alternate fuel for cooking and heating. Without strict control and management, labourers are likely to collect the fuel wood from the nearby forest.  Preventive Measures: - The Contractor documents must include provisions to restrict work forces with regard to forest product and wildlife collection and trade. - The contract documents must include provisions to instruct or arrange alternate energy such as kerosene, LPG and micro hydropower for labour by making provision in contract document should be minimized, and buffer zones of undisturbed vegetation should be left between roads and watercourses.  Mitigation Measures: - The Contractor must prevent illegal cutting of forest wood by labour force should. He is also liable for penalties to violators. - Equally, collection of non-timber forest products (e.g. bamboo, medicinal plants, mushrooms) by work staff must be prohibited and enforced. - The project management should instruct the project officials, labour force, contractors, consultants and other stakeholder not to indulge in such activities and abide by the forest act and its regulation. - The project should closely coordinate with Forest Office and its outlets to control illegal poaching and trapping by the project stakeholders or other outside wildlife poachers, wildlife traders and timber smugglers. 6.3.4 Impact Mitigation relating to the Socio-Economic and Cultural Environment 6.3.4.1 Loss of Properties and Productive Land  Preventive Measures: - Make adequate provisions and compensation arrangements in the Resettlement Action Plan ad the Land Acquisition Plan to satisfy and compensate all PAPs in a fair and timely manner. - Align the road such that acquisition of productive and irrigated agricultural land (khet) is minimized.  Mitigation and Compensatory Measures: - Implement the Resettlement Action Plan. - Encourage the involvement of agricultural extension services to increase local crop production and adopt better hill farming techniques; - Encourage community development programs to increase product diversification and development of alternative livelihood activities. - Use spoil to reclaim lowland and waste places and cover them by at least one meter of top soil to use it as agriculture field; - Adopt compensatory plantation for lost trees, fruit orchards etc.; - Arrange/assist in food supply programs for food deficiency areas. ESMF of BBIN 1 80 6.3.4.2 Avoid Impacts on Indigenous People Indigenous people are commonly among the poorest segments of a population. They engage in economic activities that range from shifting agriculture in or near forests to wage labour or even small- scale market-oriented activities. The cultural, social, political and economic integrity that characterizes indigenous peoples renders their lives extremely vulnerable to disruptions from outside. Whether a road is being planned to cross an area inhabited by indigenous peoples or to open up that same area, it will have a marked effect on their lives.  Preventive Measures: - Align the road such that need for acquisition of communal land, house and properties of indigenous people are avoided or minimized as far as possible. - Align the RoW of the road and sites for other project investments in a way that they avoid displacement and physical relocation of indigenous people. Impacts on indigenous people, other than physical displacement, will be addressed compensatory arrangements and IPPs where relevant.  Mitigative Measures: - Engage locally present and experienced NGOs to assist indigenous people in coping better with the new situation, to ensure social cohesion and maintenance of identity and livelihood. The NGOs shall develop programs that will specifically help to preserve cultural practices , enhance cultural identify and facilitate continues use of natural resources. The programs need to take into consideration that indigenous people often have no recognized land ownership, and they are not compensated for the land that is taken from them. Rather than fight for their rights in an alien national legal system, they may withdraw from the new population centres, thus increasing the population pressures on other, already traditionally occupied lands. In extreme instances, physical conflict can break out between new settlers and the indigenous peoples, as the latter try to reclaim their heritage. - Address in the assistance programs specific health and social problems: The proposed assistance program needs to take into account that new arrivals of migrants, as well as the road/ bridge construction/ maintenance crews, often bring with them serious health and social problems to indigenous groups who normally have weak defense mechanisms, for example against introduced disease, alcohol abuse, violence, sexual abuse, etc. - Whilst physical displacement of IPs, and by extension FPIC, is not expected, the project a will obtain a free and prior informed consent from indigenous people under the following circumstances.  Have adverse impacts on land and natural resources subject to traditional ownership or under customary use or occupation;  Cause relocation of Indigenous Peoples/Historically Underserved Traditional Local Communities from land and natural resources subject to traditional owner-ship or under customary use or occupation; or  Have significant impacts on Indigenous Peoples/ Historically Underserved Traditional Local Communities’ cultural heritage that is material to the identity and/or cultural, ceremonial, or spiritual aspects of the affected Indigenous Peoples. ESMF of BBIN 1 81 6.3.4.3 Damages to Community Infrastructure and Social Life Quality Experience has shown that road/ bridge construction / maintenance activities often disrupt community infrastructures such as irrigation canals, drinking water supply systems, water ponds, schools and trails. Disruption is caused by siltation or burial of irrigation canals, exposure and damages of water supply pipes. Such situation may lead to inconvenience to rural population in terms of carrying out their routine lifestyle due to disruption of facilities. Even worse, the effects of such impacts can have serious consequences on public health and cause social conflicts. Equally, such conflicts are likely to affect any smooth progress of works.  Preventive Measures: - Make adequate provisions and identify compensation arrangements in the project’s planning documents, above all in the ESAP. - Include all identified precautionary measures in the works contracts and tailor the verification indicator in accordance to the respective specification clauses. - The project as well as the contractors should follow established rules and regulations for work safety and health, especially with respect to those activities that bear on community life and resources (details see below next point.  Mitigative Measures: - Explore the possibilities to engage a local experienced NGO to assist in community awareness program that depicts all aspects to facilitate smooth progress of the work progress and addresses potential sources of grievances and social conflicts. The program shall also include environmental awareness to promote the people’s conscience by acting as stewards for their natural environs. - CBOs, together with local health workers, shall control and regularly monitor the quality and quantity of the water resources used by both the community and the work forces. Incidents and observations of spills, pollutants or exceptional development of the groundwater table should bring to the immediate attention of the Resident Engineer who shall direct the Contractor for corrective measures, as applicable. - Both Contractor and representatives from the community and VDC should establish an emergency (contingency) plan in case of major accidents (oil spill, fire) resulting from construction/ maintenance activities. - The Contractor shall inform the VDC and the community in due time about operations that may represent severance and nuisance, particularly to announce traffic diversions, and detour routes. - Work activities causing air and noise emission in the neighbourhood of settlements should be avoided during night hours (8 p.m. to 5 a.m.). - Local health workers or organizations working in the health sector shall develop community programs that will specifically address the avoidance and control of vector diseases. Commonly traditional people in remote areas lack adequate sanitary facilities and rarely are aware of hygienic requirements to prevent communicable diseases, including highly infective diseases such as cholera, tuberculosis, intestinal ailments, HIV/AIDS and other STDs. Similarly, people often are unaware of how settling pattern and avoidance of stagnant waters can contribute in the control of waterborne diseases (malaria, dengue, worms, snails). An appropriate awareness program would therefore be of significant value to cope with the potential risk of the above mentioned diseases. The program shall also include representatives of the contractor and the work forces. ESMF of BBIN 1 82 - Promotion of health programs that propagate safe sex, use of condom. Local NGO/CBOs shall be responsible for distribution of condom, as well as controlling prostitution alcohol and drug abuse. - Mobilize CBOs for local landscape improvement programs aiming at filling and draining of stagnant water can avoid or reduce chances of water-borne infectious diseases. - The Contractors shall make provisions to maximize local employments, observe gender equity payment for similar works, strictly prevent child labour and observance of local rites and festivals. A contractor should accept, following agreement with the community, new income activities along the construction sites, such as small tea-stalls and 'dal-bhat' shops. 6.3.4.4 Observation of Occupational Health and Safety (OHS) Apart from the basic requirements ensuring work safety, the Contractors shall be obliged to make adequate efforts to maintain social harmony and co-operation among the workers and local residents.  Preventive Measures: - OHS clauses established by DoR must be included in the works contracts. This refers the World Bank Standard Bidding Documents for road and bridge construction and maintenance works, encompassing all accident preventing measures which potentially can happen at work sites and in the camps. - The OHS clauses are identifying adequate living, sanitary, washing and cooking conditions for the work camps. - An approved site management and waste disposal plan is equally an integral part of the works contract. - The OHS clauses shall make provision for insurance and indemnities, as well as payments in case of injuries, invalidity and death of workers and affected local persons. - Both the Contractor and representatives from the community and VDC should establish an emergency (contingency) plan in case of major accidents (oil spill, fire) resulting from construction/ maintenance activities. Necessary planning and safety approach should be made for rescue during emergency. Local health unit and hospitals should be assisted to stay ready for emergency cases.  Mitigation Measures: - The Contractor shall inform the VDC and the community in due time about operations that bear the risk of nuisance and accidents, especially when blasting operations are under way. - Provision and wearing of proper safety gear and clothes must be standard in all work operations. - The contractor is responsible for provision of adequate first aid boxes, medical supply and routine medical service to all work forces. As necessary, he is obliged to give immediate and free of charge transport to next/adequate health facility in case of a worker is inflicted in an accident. - CBOs, together with local health workers, shall control and regularly monitor the quality of living conditions in the workers camps as specified in the contracts. Of special concern is the provision of safe drinking water and hygienic latrines for the workers, as required, separately for men and women. ESMF of BBIN 1 83 - The contractor is obliged to keep accurate records of accidents and corrective OHS measures. - The contractor is responsible (upon advice of the Resident Engineer and Environmental Supervision Expert) for erecting signs and signal on sensitive and unsafe areas, which should be visible from long distance. - The contractor is responsible to regularly control open defecation and pollution of water bodies by construction/ maintenance crews. - The contractor is responsible for regularly training of all work forces in OHS requirements and mechanisms. He should make record on these training activities an all OHS observations, subject to supervision by DoR. 6.3.4.5 Avoiding Impacts on Cultural and Historical Properties Cultural heritage are sites, structures, and remains of archaeological, historical, religious, cultural, and aesthetic value. Cultural heritage is a particular form of expression of human values which serves to record past achievements and discoveries. It is important to assess site to understand the significance of a site and to provide due protection according to its aesthetic, historic, scientific, and social value.  Preventive Measures: - Identify all known cultural sites and artifacts through consultation and collaboration with local communities, and ensure that designs accommodate or avoid impacts on such assets and sites. Before initiating excavation works, the sub-project will consult with the members of the local community to understand and identify potential cultural heritage sites and other practices/symbols that represents both tangible and intangible cultural hetitages and will seek their support and participation in managing possible risks to the cultural heritage. - Specify in the works contracts all required steps, notifications and preservative actions in case new / undiscovered archaeological or other culturally interesting items are encountered during excavation works. The clauses will specify whom to inform and how to proceed with works after the respective approval. - Align the road such that acquisition of sites known for cultural heritage is avoided at good distance (to prevent possible damage by road-induced emissions like air pollutants, vibrations and noise).  Mitigation Measures: - The contractor is responsible for strictly instructing workers to stay away from and respect local cultural assets, to avoid any direct harm to those items or to hurt the traditional feelings of local people. - Avoid any actions that bear the risk of destroying the sites or altering their scientific or aesthetic character. - In case of accidental damages, the Contractor will be obliged to inform immediately the archaeological department who will then decide further actions. - In case of accidental damages, the Contractor will be obliged to carry out immediate corrective and repair measures to satisfy the local population and, as applicable, the representative of the archaeological department. ESMF of BBIN 1 84 6.3.5 Potentially Induced and Cumulative Environmental and Social Impacts after Completion of the Road Projects 6.3.5.1 Benefit Augmentation Measures At this stage it is not intended by the ESMF to develop further measures to increase or maximize some of the aspects discussed below. This sub-section shall rather serve as reference for development programs that might be considered for each of the regions where the BBIN road development program becomes operative. Much of the development options that come along with improved road accessibility are under the umbrella of projects that relate to social, agricultural and health aspects, all of which are not the mandate of the Department of Roads. However, which of the sectors briefly discussed hereunder will be directly or indirectly assisted by the MoPIT/DoR is not subject of this ESMF. Among the prominent elements that might be tackled in the near future in the respective regions are the following Improved Access to Services and Facilities. The proposed road development project will increase the Government’s capacity to further deliver infrastructure to the area, through cooperation with local authorities as well as direct spin offs from forthcoming development programs which invariably require good road access. Beneficial aspects which are likely to be induced by the BBIN roads will promote the development of regional health and education facilities, and improve the regional communication system:  Major benefits will be felt in the health sector, where patients (e.g., childbirth) will have safer, quicker and more comfortable access to health facilities; accordingly, child mortality and other causes of death due to insufficient and time-consuming access would be significantly be reduced.  Operation of Public Motor Vehicles and freight and passenger operations ferrying people between various destinations will increase the development of facilities and services;  Increased access to schools and universities for people who formerly were excluded from those benefits, thus enabling them to find more prosperous income opportunities;  Improved access to markets and new market outlets (e.g. directed towards tourist sector).  Improved trade links for products in high demand (e.g. precious stones, salt, off-season vegetables, livestock, forest products, dairy products, betel nut).  Improved access to commercial centres for banking and technology.  Increased use of permanent and semi-permanent building materials (providing better and healthier shelter) enabled by road transport.  Promotion of cross-cultural communication, with good potential to bring about political and economic stability to formerly secluded regions.  Greater circulation of printed media and dissemination of information. Promotion of Small Scale Businesses. After the completion of the project, the road built under the project will provide access to the local farmers to sell their products to bigger markets at better price. In case of the Western Districts of Nepal, this will encourage local people to establish small-scale industries, cultivate/harvest citrus, apples and vegetables and other cash crops, dairy products and NTFPs, and expand other micro enterprises. All these will increase productivity, and earning of the people. The benefit augmentation measure will thus be to promote cooperative, and provide bank finance for setting-up business enterprises. Examples for likely development of business opportunities would include: Development of accommodation facilities and potential for eco-tourism . Lumbini, the bird place of Gautama Buddha is located about 20 km from the Butwal and is a famous tourism site. ESMF of BBIN 1 85 Enhancement of Quality of Life. As a by-product of increase in productivity and subsequent increase in income level, it is also expected that there will be improvement in quality of life of rural people. The improvements can be seen as students can study at night time, people will feel more comfortable with electric light, people can keep television for better media communication and recreation, women can work at night and earn more. All these will subsequently enhance the people’s quality of life. 6.3.5.2 Addressing Negative Aspects associated with the Improved Roads Concerning the time after the sections for the specific BBIN sub-projects become completed, the ESMF makes generally reference to typical mitigation measures for those impacts that are associated with safety and maintenance works bearing some similarities to those during the construction/ maintenance works. a. Slope Instability and Erosion The consequences of land slide and soil erosion are far wider than repair and maintenance of the road can cope with. Potential impacts of slope instability and erosion will be in terms of damage of agricultural land and property, reduction in agricultural production, reduction in forest area etc. High speed of vehicles will increase which may disturb the stability of the slope thereby lead to the slope failure. Depending on the situation, measures to mitigate such impacts may include:  Correction of the maintenance of the slope protection measures (bio-engineering) and drainage works;  Rill and gully formations should be regularly monitored and immediately fixed at critical areas;  Correcting the effects of minor landslides, erosion and mass wasting should be immediately cleared and slope restored with appropriate technology (bio-engineering);  Promotion/support/assistance to community forestry programs, not only in the right of way, but also beyond in erosion-prone lands;  Soil amelioration methods in the right of way and beyond should be promoted;  Community development programs for local communities to stimulate self-help initiatives to carry out minor but instantly needed road maintenance works, such as removal of stones falling from slopes, fallen trees, correction of minor gully erosion damage, removal of earth and debris from drainage structures after heavy rainfall, etc. b. Road Safety and Speed Limit Controls After the operation of road services there are incremental risks for accidents affecting persons, vehicles and goods transported. A number of environmental impacts may result from vehicle accidents such as spill of hazardous liquid and solid materials, soil and water contamination, forest fire, damage to properties, utilities and cultural assets. In order to mitigate these impacts, the safety measures suggested by this ESMF include the following:  Provide proper signage regulating permissible speed-limits;  Incorporate physical barriers in the road design to reduce speed at sensitive sections;  Ensure regular road police patrolling and enforcement;  Incorporate environmentally friendly roadside delineators, such as bushes and hedges, as prescribed in the bio-engineering guidebook.  Conduct, at certain schedules, public meetings to assess the adequacy of road signage and installed safety measures. When upgrading /maintaining roads because of increasing traffic demand, consider design improvement in the pavement condition and geometry of the road, ESMF of BBIN 1 86  As applicable, provide proper signage on sections with increased accident rates, ant at sites with critical slope development. Include appropriate speed-limit measures (road police patrolling and enforcement, speed bumpers). c. Control Air, Noise and Water Pollution Increased traffic movements on the road will invariably cause incremental pollution due to vehicular emission and dusts. The movement of vehicles will increase local noise levels. Similarly, disposal of oil and grease of water body surface run-off from road surface may cause water pollution. Depending on the situation, corrective measures to mitigate such impacts may include:  Community and road user awareness programs should be organized to enhance public understanding on how individuals can contribute to reduce environmental impacts associated with road uses;  Provide proper signage on accident-prone spots, and include appropriate speed-limit measures (road police patrolling and enforcement, speed bumpers);  Control and enforce vehicle emission standards, and stipulate vehicle owners to engage in proper and regular vehicle maintenance;  Ensure proper use and sale of (clean fuel) at local pump stations;  For control of dust nuisance, sprinkling of water, speed limit of vehicle and vegetative barrier of earthen bounds should be designed.  In congested settlement and sensitive areas (Schools, health posts, hospitals) consider sealed surface of the road for the stretch it pass through the sensitive area. Include appropriate roadside planting (bushes, hedges, trees) where possible, to enhance absorption of vehicle emissions by the plants. d. Control of Cross-Drainage Outfall and Gullies Cross-drainage outfall and gullies will be carrying concentrated water discharge from the respective catchments. They could lead to the downstream erosion if outfall area is not protected or guided properly. This impact is more severe in hill roads. Depending on the situation, measures to mitigate such impacts may include:  Provide proper signage on spots with (seasonal) drainage problems, and include appropriate speed-limit measures (road police patrolling and enforcement, speed bumpers);  Road-side and the gullies shall be connected to the natural drains with protected outfall.  Regular maintenance of the drains shall be carried out and blockages cleared; use local community members contracted for such works. e. Depletion of Forest Resources Road development often induces or accelerates the pressure on forest resources. Counteract measures are difficult to realize, but to some extent, the following mitigation mechanisms may be successful:  Provide support to local communities for preserving their forest especially the community forestry;  Promote homestead activities to cultivate non-timber-forest products (e.g. medicinal plants, ornamental plants, ornamental animal farming, mushroom cultivation, bamboo); ESMF of BBIN 1 87  Promote replacement of firewood by non-forest energy source such as micro hydro, bio-gas and solar energy;  Introduce or promote energy-saving and improved models for cooking stoves.  Introduce selected and alternative building material for houses;  Encourage and support local community for controlling illegal harvesting of forest resources; f. Collision and Disturbance Afflicting Wildlife Accidents inflicting wildlife is an almost inevitable risk associated with roads passing through remote and forested areas. Among the proved mitigation measures are:  Alert drivers of possible wildlife crossing: Provide proper signage where the road transects sensitive habitats and include appropriate speed-limit measures (education signboards, road police patrolling and enforcement, speed bumpers).  Lower speed limit at sensitive sections during night hours as wildlife is more prone to be inflicted in road accidents when disturbed by vehicle headlights;  In cases where protection of rare or endangered species is of high importance, impacts may be mitigated through translocation them in homologous habitat of nearby vicinity. Such actions should be based on detailed studies and carried only by experts.  Local community, forest user groups, school going children should be given awareness training on protection of forest and wildlife. Consequently, the chances of harassing, poaching or trapping of wildlife will be reduced.  In case certain road sections will cause repeated or incremental risks of wildlife collision, rehabilitation works may be considered to incorporate wildlife under passages.  Other effective prevention means include the erection of roadside fences that will prevent terrestrial wildlife entering the road corridor. However, the establishment of fences needs to be implemented with caution as this may severely impact migratory species or species travelling to feeding and breeding habitats across the road . Wildlife fence establishment needs therefore an adequate study of possible effects on the local fauna, taking into full account a full season of observation on migratory species.  Roadside reflectors may be used to scare animals away from the roadway when vehicles approach at night. g. Control of Ribbon Settlement along the Road and Encroachment in the RoW Once a road passing through new (remote) lands is completed there are likely chances of growing ribbon settlements and undesired squatter development. Apart from land-use and other social conflicts, this will cause congestions to road users and increased accident risks. Mitigation measures depend much on the local government ability for good land-use planning and governance to discourage and/or remove such newly upcoming settlements along the road. Effective means include:  Establish public notes that specify the acquisition / property rights of the RoW, and that explain at the same time non-permissive uses of the RoW by non-entitled persons.  Establish and propagate an effective land-use plan for the region; such land-use plan should clearly incorporate future visions for acquiring land for further road net expansion.  Prepare good cadastral records that can easily be verified by land-use planners. ESMF of BBIN 1 88  Good demarcation of RoW, incorporating physical barriers and appropriate planting (through community forestry programs) of selected zones adjacent to the road.  Incorporate physical barriers in zones of potential / prospected encroachment risks, e.g. by roadside plantation schemes;  Initiate, by engaging local NGOs/CBOs, community awareness and assistance programs to prevent undesired land-take and roadside squatter development.  Put in place appropriate mechanisms for grievance resolution to settle disputes between new squatters and local communities.  Exert all legal and socially acceptable means to evict illegal occupants of the RoW, but take in due consideration the needs and constraints of vulnerable and indigenous groups.  Consider long-term solutions to avert undesired growth (e.g. expanding markets along road or in different axis) by planning for road bypasses in congested areas. h. Labour Influx The rapid migration to and settlement of workers and followers in the project area is called labor influx, and under certain conditions, it can affect project areas negatively in terms of public infrastructure, utilities, housing, sustainable resource management and social dynamics. The influx of workers and followers can lead to adverse social and environmental impacts on local communities, especially if the communities are rural, remote or small. Key principles for managing risk from labor influx are:  Reduce labor influx by tapping into the local workforce;  The assessment and management for labor influx in the project should be based on the risks identified in the ESIA. The management of risk identified in the ESIA covers site specific Labor Influx management plan and/or workers camp management plan;  Incorporate social and environmental mitigation measures into the civil works contract: Most adverse impacts from labor influx can only be mitigated by the contractor commissioned by the DoR to carry out the works. Accommodating workers in camps can have positive and negative effects, for the workers, the host community, and the environment. Depending on the local situation, as well as the project’s size, duration and risk profile, accommodating incoming workers in dedicated camps may be more or less desirable. Effective assessment and management of the potential impacts of labor influx on communities include the following steps:  Screening and assessment of the type and significance of potential social and environmental impacts that may be generated by labor influx;  Assessment of the location of the project, contextual factors in the country, and assessment of the policy and legal framework of the Borrower;  Development of a management plan for social and environmental impacts in consultation with affected communities;  Implementation of appropriate mitigation and monitoring programs, which includes development and implementation of a stakeholder engagement program;  Establishment of a grievance redress mechanism (GRM) for workers and host community; and  Monitoring and supervision, and, as needed, adaptive management actions. ESMF of BBIN 1 89 Hiring of local labor If contractors are able to identify a suitable labor groups at local level, they will not need to bring in large number of labourers, which will not only limit negative impacts, but also reduce the contractor’s costs as they will no need to provide as large a labor camp. The recruitment criteria should be transparent and fair to local communities to avoid conflicts. Approach can be use in a World Bank- supported project is for the Government to advertise upcoming opportunities through the local media and, in consultation with the Ministry of Labour, Employment and Social Security, prepare a roster of interested workers and their skills. The lists have to be provided to contractors at the pre-bid meetings for recruitment consideration. At the same time, the Government has to advise contractors that work permits would only be provide for workers with skills unavailable locally. This serve to minimize the imported labor on the project. Prohibiting contractors from hiring “at the gate” of the workers’ camp and instead setting up formal recruitment offices is another option to discourage project “followers” from loitering and/or settling around the project site in hope of job opportunities. Workers code of conduct A code of conduct for workers in the transport project is an important aspect. It protects the each activity of the project and the proponent and also informs the employees of the projects about the principles and expectations of the project. The code of conduct should include  The safety and security of working environment  The health, hygiene and safety of workers,  The prevention of conflicts of interest to local community and project employee  The employee should keep themselves in discipline as per rule of the project and should not violate the surrounding community  Compliance with regulations and guidelines of government of Nepal and WB  The mechanism for addressing the voices through grievances redress mechanism  Eliminate of all forms of forced, compulsory labour and child labour  Eliminate discrimination in respect of employment and occupation  The workers should be keep high in priority during project implementation i. Gender Based Violence Nepal has high incidences of GBV cases with mostly women as victims. Out of the 15 most GBV prevalent countries in the world, Nepal ranks 4th in domestic violence and violence by a partner. The current status of gender inequality and gender-based violence in Nepal reveals the serious need to mainstream gender sensitivity and GBV risk mitigation measure at all organization levels and all phases of project cycle. In Nepal, GBV is prevalent due to unequal gender relations and discrimination towards women in both public and private sphere. It has direct implications on the reproductive health status of women and physical, emotional, and mental health of their children The Gender Based Violence (GBV) mapping research carried out by WB team found that upgrading of NNM and KDP, those areas had existing high volume and various form of GBV; lack of well-defined and coordinated response mechanism with potential GBV risk associated with labor influx. Therefore, the research suggests a ‘substantial’ level of GBV risk in the BBIN. Furthermore, the lack of institutional and infrastructural capacity of the GBV service provider increases the inefficient response to GBV survivors. The report recommends the orientation to the DoR and associated project team on GBV and to prioritize GBV on the project, and the mechanism that will be implemented. The report recommends the GBV mitigation management plan should be prepared by contractors with clear set of rules and ESMF of BBIN 1 90 responsibilities. The WB/ DoR must monitor frequently and provide additional guidance as necessary at the project implementation location. ESMF of BBIN 1 91 7 Stakeholder Engagement and Consultation Development interventions such as the BBIN are expected to achieve positive social development outcomes such as increased social connectivity and economic empowerment through trade. These expected outcomes can be enhanced through effective stakeholder consultations which allows uptake of stakeholder concerns and ideas in project design, implementation and operation. Participation mechanisms facilitate the consultative process and include information sharing, consultation with APs and other stakeholders, and active involvement of APs in project tasks, committees, and decision- making. The Project Management will share with the stakeholders all aspects of the envisaged project (policies, planning, design, alternative options), and possible/anticipated impacts of the project) at the project identification as well as during planning and implementation stages. This section describes stakeholder engagement procedures designed to achieve effective involvement of relevant stakeholders throughout the project cycle to promote better understanding of the project goals and its impacts. The following principles will guide stakeholder consultations in the project:  Promoting easy means of communication  Openness and truthful in the disclosure project information  Ensuring effective involvement of stakeholders in the preparation and implementation of the project  Commitment to address and resolve project-related complaints in a timely manner  Evaluating the effectiveness of the engagement plan against expected outcomes A detailed project stakeholder engagement plan (SEP) is being prepared and contain detailed procedures and strategies by which the DoR and MoICS will consult with project stakeholders. The SEP covers the role of stakeholders implementing institutions and timetable and grievances procedures. The process of stakeholder engagement covers  stakeholder identification and mapping  planning of engagement  disclosure of information  meaningful consultation and  addressing and responding to the grievances and reporting Public participation, consultation and information dissemination in a project will be an integral part in all environmental and social impact assessment activities during the initial phases of project preparation. Concerned stakeholders will be regularly provided with information on the project prior to and during the process of IEE or EIA/ESIA, respectively, while the design and EIA Consultants prepare the ESIA/ESMP, RAP, IPPF and SEP documents. 7.1 Stakeholders Identification and categorization key stakeholders of the project – both affected and interested parties - have been identified, informed and consulted about the project, including individuals, institutions, and local communities (see table 6.2 below). Vulnerable people such as Dalits in the project locations will identified and consulted, recognizing the limitations on their ability to access relevant project information and access the opportunities that may come through the project such as construction jobs. These stakeholders were identified using the following criteria: ESMF of BBIN 1 92  Dependency: individuals or groups significantly dependent on the project or ongoing operations, and who stands a chance of being further affected by the proposed project in economic, financial, or utility terms.  Representation: Individuals or groups with the right to be represented in the project or ongoing operations, and this right is legitimated through legislation, custom and/or cultural specifics.  Influence: Individuals or groups who may be able to substantially influence the project planning, implementation, or ongoing operations.  Liability: Project implementation or ongoing operations may result in legal, financial, or other liabilities of the project to a social group.  Partnership: There are opportunities for building partnerships between the project and a given social group in the framework of the project implementation or ongoing operations.  Expressed interest: A social group and/or individual may express interest in a project or ongoing operations, and this group is not necessarily directly affected by the planned or current activities The ESMF has identified targeted institutions and governmental agencies who hold interest and different responsibilities regarding the proposed road development program, as indicated below. Table 7.1: Main Stakeholders 1) ROAD AGENCY: DEPARTMENT OF ROADS  Planning and Design Branch  Development Cooperation  Geo-Environment & Social Unit Implementation Division  Planning Monitoring and Evaluation Unit  Road and Traffic Unit  Maintenance Branch  Highway Management Information  Maintenance Unit System Unit  Bridge Branch  Quality, Research and Development  Design and Monitoring Unit Center  Maintenance and coordination Unit  Roads Sector Skills Development Unit  Bridge Construction Coordination Unit,  Innovation, Tunnel and Alternative DDG transportation Unit  Mechanical Branch  Research and. Investigation  Equipment maintenance & Management Section  Planning and Equipment Procurement Section  Mechanical Training Centre  Heavy Equipment Divisions 2) TRADE AGENCY: MINISTRY OF INDUSTRIES, COMMERCE AND SUPPLIES  Nepal Intermodal Transport  Department of Customs Development Board  Trade and Export Promotion Center  National Trade and Transport Facilitation Committee 3) GOVERNMENT LINE AGENCIES  Ministry of Physical Infrastructure  Ministry of Federal Affairs and General and Transport Administration ESMF of BBIN 1 93  Nepal Roads Board (in a supervisory  Department of Local Infrastructure role) (where agricultural roads and/or other  Ministry of Physical Infrastructure and local infrastructure are affected) Transport  Ministry of Energy, Water Resources and  Dept. of Transport Management Irrigation 4) OTHER RELEVANT GOVERNMENT MINISTRIES  Ministry of Forest Environment  Ministry of Culture, Tourism and Civil  Dept of Forests and Soil Aviation Conservation  Department of Archaeology  Department of National Parks and  Nepal Electricity Authority / Dept. of Wildlife Conservation Electricity Development  Department of Environment  Nepalese Army  Ministry of Health and Population  Ministry of Labor, Employment and Social  Ministry of Women, Children and Social Security Welfare  Department of Labor and occupational safety 5) CONSULTANTS  Environmental/EIA Consultants  Technical/Engineering Consultants  Social/RAP Consultants  Legal Consultants 6) CONTRACTORS  Construction Implementing Contracts 7) COMMUNITY LEVEL STAKEHOLDERS  Local Authorities (LAs)  Local Constructive Forums  District Coordination Committee  Compensation Determination Committee  Municipalities/ Rural Municipalities (CDC)  Road Neighbors Wards of Municipality/Rural  Political Leaders and Representatives Municipalities  Affected Communities  Community-Based Organizations  Non-Governmental Organizations 8) PRIVATE INVESTORS UNDER NEW CONTRACTING APPROACH  BUILD OPERATE AND TRANSFER (BOT)  Hybrid annuity model (design-build finance operate maintain and transfer)  7.1.1 Stakeholder categorization The project stakeholders are categorized as:  Affected parties: They include individuals, groups, and entities within the project’s Area of Influence, which is set as the area within the 150 meters each side from the central line of the proposed road, that may be directly impacted by the project activities and/or have been identified as most susceptible to the change associated with the project. So, the project- affected parties need to be closely engaged in identifying impacts, as well as in decision- making on mitigation and management measures. They include:  Local populations living or public service providers located within the area of 150 meters each side from the central line of the proposed road and may be adversely ESMF of BBIN 1 94 affected mainly by noise, dust, vibration, and the vehicular movements that will used for the construction activities,  Persons or households who may lose temporary or permanent access to land and/or will be restricted from accessing natural resources because of the project, e.g., farmers, landowners, informal settlers, forest user groups, etc.  Local health centers that provide basic health supports to the project staff and migrant workers. Interested Parties: The interested parties in this project, other than those directly affected, include:  Government officials (elected and non-elected), regulatory, and permit awarding agencies at the federal, provincial, and local levels, including environmental, technical, and labor authorities. E.g. Ministry of Forest and Environment  Government officials at District level offices of key ministries, including Divisional Forest Offices, Road Offices, Survey Office, Land Revenue Offices, and Electricity Authority, etc.  Non-elected officials with wide recognition within the community, such as headteachers of local schools, religious leaders, or leaders of local cooperatives  Leaders of informal or traditional community institutions such as women groups, Dalits Samaj, water consumer groups, village councils, etc.  NGOs and CBOs at national, provincial, and local levels on the welfare and rights of indigenous people and vulnerable groups such as Dalits and other minorities, gender/GBV issues, etc.  Residents and communities within the project area that can benefit from increased economic opportunities, employment, and training opportunities stemming from the project; and,  Media including district and local press clubs. Disadvantaged/vulnerable individuals or groups The project recognizes the need to understand whether impacts may disproportionately fall on disadvantaged or vulnerable individuals or groups that are often unable to express their concerns or not in a position to react to the impacts due to various social barriers or may not even understand the impacts of a project. The vulnerability may stem from an individual’s gender, race, age, health condition, ethnicity or caste, education and income levels and other elements of marginalization. The stakeholder engagement activities in this project will consider these elements of vulnerability and deploy strategies such as periodic disclosure of information in a way comprehendible to local communities and meaningful consultations in a culturally appropriate manner to ensure that the disadvantaged and vulnerable individuals fully understand the potential impacts and mitigation measures of the project. The project will also take special measures to ensure that disadvantaged and ESMF of BBIN 1 95 vulnerable groups have the opportunity to participate in accessing project benefits, provide feedback, and submit grievances. These groups may include and are not limited to the following:  Physically-challenged and visually-impaired people  Individuals with chronic diseases and pre-existing medical conditions  Minority groups including Dalits and Muslims (see table 3.2 below)  Indigenous peoples and groups  Disaster-affected populations  Poor households including homeless and landless families  People/children with disabilities; and,  School children especially in relation to safety in crossing roads 7.2 Stakeholder Engagement Strategy Based on Sub project categorization SEP will provide the engagement strategy. An example is shown in Table below. Table 7.2: Stakeholder Engagement Strategy Stakeholder Engagement Strategy Project affected  Identify stakeholders and beneficiaries  Maintain contact details of the individuals/institutions categorized in the group parties and update it regularly  Maintain regular and close contacts  Organize regular sessions on project impacts including compensation and resettlement issues  Organize quarterly consultation meeting  Form and use local consultative forums during construction  Provide updates about the project including the past and upcoming ones  Specialized sessions to be organized with low caste and minority groups and women  Information on community notice boards Interested parties  Regular contacts with individuals/institutions and line agencies responsible for social, economic, environmental, forestry issues in the project area  Response when permitting and policy issues are raised  Provide updates about the project including the past and upcoming ones  Organize sector specific consultations with interested parties Other Interested  Maintain close contact with individuals/institutions categorized in the group and Parties update it regularly  Ensure consultations are organized in appropriate manner and make sure time and location of consultation are appropriate to their needs. ESMF of BBIN 1 96 7.3 Stakeholder Engagement Tools The project aims to use multiple tools of engagement to inform stakeholders about the project activities and to receive and address their feedback. Tools will be implemented, keeping in mind, the safety of stakeholders and project staff against Covid 19. The various tools include: Engagement during preparation:  Group consultation  Training, seminar, and workshop  Electronic publications  Information leaflets and brochures  Cluster meetings with provincial authorities  Face-to-face or virtual meetings, webinars including interviews with PAPs  Telephone calls, emails, and SMS  Information boards, leaflets, and brochures  Regularly updated project information on DoR’s website  Periodic small group meetings with vulnerable and IP groups  Socioeconomic baseline survey as well provides an opportunity for consultation with the concerned public. Engagement during project implementation:  Sharing project update and reports through emails and meetings  Electronic publications as well as dissemination of hard copies  Virtual/face-to-face consultations provincial authorities, with local municipalities and ward offices  Information boards/campaigns, project websites, project leaflets and brochures  Periodic face-to-face/virtual meeting with project stakeholders  Distribution of electronic publications, and Dissemination of hard copies (Information will be provided in Nepali and local languages  Public notices  Press releases in the local media and on the project website  Formation of committees and/or groups comprising of stakeholders at various stages of the project, ESMF of BBIN 1 97  Periodic small group meetings with vulnerable and IP groups by adopting COVID protocols  Regular contacts through electronic means, such as phone calls, and emails, text messages Specific public participation and consultation activities that will take in the project cycle with respect to PAPs are summarized in Table 7.3. Table 7.3: Project Stage and Nature of Participation of PAPs in the Process Project Stage Participation of Project Affected Persons and target beneficiaries Project Identification  Identification/prioritization of community issues and design  Participate in public meetings  Identify alternatives to minimize resettlement and other adverse impacts assessing perception and views of indigenous communities regarding the project.  Assist in developing and choosing alternative options for relocation and income restoration Feasibility Study and  Involve communities in environment and social risks Resettlement screening (observatory role) Planning  Help to choose resettlement site  Facilitate/ participate in survey  Participate in meetings with the host population  Provide suggestions to entitlement provisions  Provide inputs in RP preparation  Suggest a mechanism for grievance redress and conflict resolution ESMF of BBIN 1 98 Project  Participate in the implementation process Implementation  Join local decision-making committees like in Compensation Determination Committee (CDC)  Establish project information centres in local communities  Decide on the management of common property  Use established mechanisms for grievance redress  Provide inputs to Local Consultative Forum (LCF)  Participation in road and bridge construction and maintenance  Prioritize local people for unskilled jobs (e.g. 30 percent of unskilled jobs to be reserved for women) Monitoring &  Ensure quality of the project and activities Evaluation  Participate in the monitoring team Maintenance  Participation in maintenance as employee/caretaker 7.4 Public Disclosure of Information For the success of the project, all relevant information including designs, proposed activities, ESMF, RPF, IPPF, and SEP and their expected results will be disclosed to project stakeholders: both affected and/or interested public. Information dissemination will be mainstreamed through environment and social impact assessment activities during the initial phases of project preparation. Local authorities and NGOs, APs will be provided with information on the project and the resettlement process prior to and during the RAP and VCDP preparation and implementation stage. Agencies working for nature conservation or other ecological aspects will asl be informed at both local and national levels about the ongoing and planned activities to identify jointly appropriate protective or corrective measures. The following strategies will be adopted to disseminate project-relevant information to the general public:  Distribution of the project documents: A series of project-related information materials in the Nepali version will be distributed prior to each construction and maintenance work in the proposed road and bridge projects to local officials, LCFs, PAP and others concerned. Such information includes entitlement frameworks, various periodic information sheets on compensation entitlements, project time frames etc. This information will also be made available on DoR website.  Workshops: A series of scheduled RAP and VCDAP workshops will be held in the sub-project sites for information sharing with the target beneficiaries and stakeholders concerned.  Mass media: Local media Project related information will also be broadcasted through local radio/FM, TV and newspapers During the implementation stage, an information centre will be established to disseminate all the documents related to the project and its activities. The centre will be accessible to any person interested/concerned about the project. Other relevant information such as ESIA/ESMP, EIA, IEE, SIA, RAP IPDP will disclosed on DoR’s website and the website of the World Bank. ESMF of BBIN 1 99 7.5 Establishing a Collaborative Partnership Mechanisms between Communities, Local Authorities and the Project Management To reach the local communities and to ensure maximum employment among local population, as well as ensuring the inclusion of vulnerable groups and women in the income-generating process associated with the road and bridge construction and maintenance works, each sub-project will establish mechanisms and structures to involve all project-affected people and stakeholders. At the first stage, before contractors move into the area, the Social Assessment Teams preparing the SIA to conduct a local labour availability survey, producing a list of wo/men from each ward/road section willing to work in road and bridge construction and maintenance. The survey shall also assess the level of skill available among the local communities. Skilled labour will be given priority in employment. If the labour required for the work will be insufficient in the local area, outside labourers will be allowed to meet the shortfall only. It is proposed from the past practices that at least 70 % of the labour should be reserved for the PAFs in particular and local population in general. Public meetings will be held that explain this strategy and demonstrate the job opportunities to the local population. This arrangement will promote the local economy and help PAFs and local community to gain skills related to road and bridge construction and maintenance. This will also increase the feeling of ownership over the road and will ensure maintenance assistance in the future. The Project Proponent will then engage qualified NGOs or CBOs who will be responsible, throughout the construction/ maintenance period, for community mobilization and facilitation of employment. The mobilization and facilitation activities will include a number of awareness and skill training programs that will put the potential work candidates in a better understanding of the works required and the risks and opportunities associated with such work. Specific awareness aspects will relate to environmental protection, agriculture, health, STDs and social conflict avoidance. 7.6 Summary of Stakeholder Engagement Activities Preliminary consultations have carried out engagements with various key institutional and community stakeholders, including federal government ministries, provincial and municipal authorities, Divisional Forest Authorities, and Forest User Groups. Through these engagements, the government disclosed early project concepts and objectives and noted their ideas, suggestions, and concerns used to inform the project design. A summary of consultation meetings carried out under the Project is given in Table 6.3, and feedback received from the consultations is summarized in Table 6.4. Table 7.4: Summary of Consultation Meetings S.No. Location Date Participants Male Female Total A WARD and Municipal Level Consultations 1 Butwal Sub-Metropolitan City 2022/01/13 5 3 8 2 Butwal Sub-Metropolitan City - Ward no. 1 2022/01/02 7 2 9 3 Butwal Sub-Metropolitan City - Ward no. 2 2022/01/11 5 3 8 4 Butwal Sub-Metropolitan City - Ward no. 12 2021/12/20 9 17 26 5 Butwal Sub-Metropolitan City - Ward no. 13 2021/12/21 14 5 19 ESMF of BBIN 1 100 S.No. Location Date Participants Male Female Total 6 Sainamaina Municipality 2022/01/11 4 1 5 7 Sainamaina Municipality – Ward no. 1 2021/12/21 8 6 14 8 Sainamaina Municipality – Ward no. 2 2022/01/10 14 1 15 9 Sainamaina Municipality – Ward no. 3 2021/12/19 10 6 16 10 Sainamaina Municipality – Ward no. 4 2021/01/18 18 4 22 11 Sainamaina Municipality – Ward no. 5 2021/12/17 8 3 11 12 Sainamaina Municipality – Ward no. 6 2021/12/30 19 2 21 13 Sainamaina Municipality – Ward no. 8 2021/12/29 17 3 20 14 Sainamaina Municipality – Ward no. 9 2021/12/31 21 3 24 15 Sainamaina Municipality – Ward 10 2021/12/28 10 5 15 16 Sainamaina Municipality – Ward 11 2021/12/28 12 1 13 17 Kanchan Rural Municipality 2022/01/11 8 2 10 18 Kanchan Rural Municipality – Ward 5 6 4 10 19 Banganga Municipality 2022/01/05 6 1 7 20 Banganga Municipality – Ward no. 1 2022/01/11 11 4 15 21 Banganga Municipality – Ward no. 2 2022/01/04 13 2 1 22 Banganga Municipality – Ward no. 4 2022/01/04 43 20 63 23 Banganga Municipality – Ward no. 7 2022/01/04 16 5 21 24 Banganga Municipality – Ward no. 8 2022/01/05 18 0 18 25 Buddhabhumi Municipality 2022/01/05 6 4 10 26 Buddhabhumi Municipality – Ward 2 2022/01/06 9 2 11 27 Buddhabhumi Municipality–Ward 4 2022/01/06 15 1 16 TOTAL WARD- 332 110 442 LEVEL B Environmental Agencies and NGOs 28 Community Forest Groups in the Project 14 to 29 31 6 37 Area December 2021 29 Wildlife Conservation Nepal - Kathmandu 25 Oct 2021 3 3 30 Bird Conservation Nepal - Kathmandu 25 Oct 2021 1 1 31 Department of Forest /IEE/EIA Section, 27 Oct 2021 2 2 Kathmandu 32 Sub Divisional Forest Office, Kanchan, 14 Dec 2021 2 2 Rupandehi district 33 Sub Divisional Forest Office, Gorusinghe 14 Dec 2021 2 2 ESMF of BBIN 1 101 S.No. Location Date Participants Male Female Total GRAND TOTAL 373 116 489 Table 7.5: Feedback from Consultations S.No. Issues/Concerns/Demand Response/ Action 1 Construction work to be carried out only after The mitigation measures will address these infrastructures like; water pipelines, electricity wires issues during implementation, and a and poles, telecommunications wires, canals, drains sufficient budget will be allocated to resolve etc., which exist along the roadside, to be managed these issues in New design. and shifted accordingly after consulting with respective organizations. Also, there shouldn’t be any hindrances in the water supply during the construction phase. 2 The facility of cross drainage management and The social and environmental report replacement of old worn-out Hume pipes with new (mitigation measures) will address these culverts to facilitate excess water flow. issues during implementation, and a sufficient budget will be allocated to resolve these issues in the new design 3 Landslide prone area hence adequate study to be The social and environmental report carried out before carrying out construction work. (mitigation measures) will address these issues during implementation and a sufficient budget will be allocated to resolve these issues in the new design 4 Should come up with ideal plan in regards of The social and environmental report minimizing pollution during the construction phase of (mitigation measures) will address these project. issues during implementation, and a sufficient budget will be allocated to resolve these issues in the new design 5 Provision of overhead bridges (sky bridges) and The new design has made provisions to underpass to reduce road accidents and easy access address these issues. on either side. 6 Construction to be carried out by dividing the entire The new design has made sufficient road section into small parts which would help in provisions to address these issues/ Will reducing the pollution. discuss with the technical team if possible 7 Telephone and electricity wires to be undergrounded The new design has made sufficient if possible. provisions to address these issues 8 Different types of environmental pollution may Air pollution measures will apply, such as generate as a result of various road construction water sprinkling during the construction activities (especially air pollution), which should be period; mitigated with appropriate measures. The bituminous road must be demolished at the end period to prevent air pollution. ESMF of BBIN 1 102 S.No. Issues/Concerns/Demand Response/ Action 9 The project should be sensitive to the occurrence of Social and environmental awareness will be likely social distortion during road construction and conducted during the implementation should implement public awareness program. 10 The project should be started in coordination with the It is necessary to coordinate with concerned concerned agencies regarding the existing structures agencies related to electricity, drinking water, telephone, sewerage, and irrigation. 11 Dust and smoke should be completely controlled The new design has made sufficient during road construction. provisions to address these issues 12 Skill development programs related to livelihood These issues will be addressed through RP. should be conducted for the locals. 13 Construction work to be carried out by adopting The new design has made sufficient safety measures. provisions to address these issues 14 Local people from the project-affected settlement The project document has provisions to should be prioritized in terms of providing resolve the issues. employment in the project on the basis of their skill, qualification, and capability. 15 The project should be sensitive to the occurrence of Project documents have provisions to likely social distortion during road construction and resolve the issues GRM will be established in should implement public awareness program. each municipality to address the issues. 16 The project should be completed within a fixed period The donor and government have fixed the of time. construction period. 17 Proper provisions of CCTV and traffic lights on the These issues will be discussed, technical roads. team. 18 As there is Lumbini Sajedhari/Tilaurakot Collaborative Discussion will be done with Divisional Forest in this area, arrangements should be made to Forest Office, local bodies and respective use the forest produce collected in Lumbini Sajedhari community forests Forest. 19 The project will have to reconstruct the Buddha RAP will address the issues. A sufficient statue, waiting for station and other structures near budget will be allocated to reconstruct the the Lumbini entrance gate within the road section. affected structures. 20 Tree plantation arrangements should be made. Cost for tree plantation/compensatory plantation will be allocated. 21 The project should help in controlling the floods with The new design will address the issues. the proper provision of drains on either side of the road from Geruwa, Bangai to Koili Bridge. 22 As there is Mayadevi Stadium in the western part of RAP will address the issues. A sufficient Banganga Bridge and Shanti Udyan in the north, it budget will be allocated to reconstruct the should be properly managed and action plan should affected structures. be made to maintain local identity and pride. 23 When constructing roads between urban areas and Ornamental tree/ shrub will be a plantation settlements, certain types of pollution-preventing in green belt/median. plants should be planted. 24 A powerful deity temple, Jhadulamai, lies along the We will discuss this with the technical team. roadside hence, construction work needs to be done These issues will be given priority with its preservation and protection. ESMF of BBIN 1 103 S.No. Issues/Concerns/Demand Response/ Action 25 Barbed wire fence along roadside should be Damage by the project will be reinstated/ reconstructed by contractors after demolishing them reconstructed included in the engineer’s estimate 26 Ownership of harvested trees should be granted to The discussion will be done with Divisional respective forest user groups Forest Office, local bodies and respective community forests 27 Construction of Gabion around high Embankment For the protection of embankment erosion, and unstable area and landslide prone areas bio-engineering measures and civil structures will be constructed as per requirement 28 Roadside plantation should be restored after its The issue will be addressed according to removal for road extension Forest Clearance Guidelines. (When 1 tree is felled, it should be replaced with 10 as compensatory plantations) the cost will be allocated 29 Construction of wildlife corridor for easy wildlife Certain measures will be applied in the passage on both side of road forest area such as warning signs of wildlife crossing, speed limit sign, display board 30 Construction of sewage channel to prevent water flooding in residential areas Side drain provision is the road design 31 Construction of pavements to connect roadway with This issue will be discussed with the major picnic spot technical team for incorporation project cost. 32 Construction of wildlife corridor for easy wildlife Certain measures will be applied in the passage on both side of road forest area such as warning signs of wildlife crossing, speed limit sign, display board 33 Construction of sewage channel to prevent water flooding in residential areas Side drain provision is the road design 34 Construction of pavements to connect roadway with This issue will be discussed with the major picnic spot technical team for incorporation project cost. 35 Filing material required for road construction should Filling material will not be taken from the not be extracted from the community forests community forest area 36 Land stabilization activities should be done in Chure This issue will be discussed with the region considering its senility during excavation technical team for incorporation project cost. 37 Need to prepare cross drainage structure (Box culvert, bridge) wildlife friendly in Jungle area height If any location is identify will address and width, and need certain interval 38 Gaida lake is near the project area there is Vulture It will be studies during environmental restaurant assessment ESMF of BBIN 1 104 S.No. Issues/Concerns/Demand Response/ Action 39 For removal of roadside tree need to follow Government trees clearance criteria 2071 (2014 AD) We review the Government tree clearance (Number 4 and 10) criteria 2071 (Numbers 4 and 10). It is a It is national Priority project or not national priority project; Project will include For compensatory plantation need to follow 1:10, the compensatory cost in project cost. A compensatory cost need to include in project cost letter will be collected from DFO during IEE Recommendation letters is necessary Divisional Forest Office 40 Take all trees from ROW, using GPS coordinate, The survey team will take GPS coordinate, diameter and height diameter and height of all trees We will support for census survey if required. The compensatory cost will be included in Compensatory cost to be included in project cost the ESIA/project cost 41 Take all trees from ROW, using GPS coordinate, The survey team will take GPS coordinate, diameter and height diameter and height of all trees Compensatory cost to be included in project cost The compensatory cost will be included in the ESIA/project cost 7.7 Grievance Redressal Mechanism (GRM) The process for resolving complaints that may arise in the project will be handled by the project- level grievance redress mechanism (GRM). 7.7.1 Project-Related Grievances The project GRM addresses overall project-related grievances. The construction-related issues, impacts related to land acquisition and compensation, relocation and rehabilitation of public utilities, impact on private and public structures, impacts on forest and natural resources, issues of landslide, draining management, road safety, traffic management and community-related grievances etc. will be covered by the project-level GRM. Any household or stakeholder who feels that they are impacted by adverse and material harm caused by the project may contact municipality leaders or local leaders of affected municipalities or rural municipalities who would then forward the complaint to the CSC or the stakeholder may contact directly PMUs of DOR and MOICS. The Municipality and CSC staffs will also be ready to receive a complaint and resolve and will take to the higher level of authority if necessary. Stakeholders will have access to both locally established grievances redress committees (GRC) as Local Consultative Forum (LCF) and formal courts of the appeal system. The Local Consultative Forum will be formed prior to the project implementation consisting of the representative of CSC, representative from proponent site office, a representative from project-affected municipalities and wards, representative from construction contractor, local NGO, Community Based Organizations and local political representatives. The LCF will be responsible for assisting the project during compensation determination, distribution of compensation and compliance monitoring. However, LCF will act as GRC in order to settle all the social and environmental complaints and grievances registered during the time of project construction. Every PAP can appeal to the court if they feel that they were not compensated appropriately. They may appeal to the appellate court within 35 days of the public notice given to them. ESMF of BBIN 1 105 7.7.2 Grievance related Project workers A GRM will be explicitly established for worker-related grievances, following ESS2. This includes all issues of project workers. The accommodation (health and sanitation), availability of safety gazettes, equal wages to males and females for works of similar nature, delay in payments, hiring of labours without contract documents and SEA/SH. The project workers related GRM will be detailed in the Labour Management Procedures (LMP). 7.7.3 Gender Based Violence (GBV) Related Grievances This includes issues of SEA/SH issues within the project, workers and in the community level (PAP), where a well-equipped separate mechanism for reporting cases of GBV-local based GBV-GRM with GBV skilled community members will respond to such cases and contractors will need to have a Code of Conduct (CoC) as well as proper documentation of each labourer including social sanctions. 7.7.4 Implementation of GRM in the Project Cycle The Safeguard and Monitoring & Evaluation Unit under the Project Management and Construction Supervision Consultant (CSC) will establish the project GRM within 1 month from the start of the project and before construction work begins. The types of grievances expected to be handled concerning either land acquisition or, more generally, construction-related grievances, and any other social and environmental issues brought up during construction by households and affected people who live relatively close to construction sites. Local households and stakeholders will be informed about the setting up of the Grievance mechanism by the CSC before the start of any construction as part of the community mobilization process. Besides, the information board will be in place at the construction site with specific information related to the construction works and will provide in the local language the description of the project and grievance mechanism, where and to whom stakeholders can deliver their complaints, and in what form: verbal or written. When obtaining the information from the complainant, in verbal or written form, either directly or from the Municipality/District Coordination Committee (DCC) and Community offices, the CSC office will complete a Grievance Action Form (GAF) to record all grievances and actions taken in a Grievance log. Minimal information recorded in this form will include (i) basic data about the affected person (name, address, contact number); (ii) category of the grievance filed (legal, social, environmental, technical/ engineering, financial, etc.); (iii) detailed description of grievance; and (iv) type of action taken. The GAF will be filled out by the person receiving a grievance and signed by the affected party and the receiver of the complaint. The affected party will receive a copy signed by both. The Safeguard and M&E Unit will handle received grievances related to works on the road construction in collaboration with the GESU-DOR and the construction contractor. In each case, the Safeguard and M&E Unit will be supported by the CSC in cooperation with the proponent DCID, DOR. The construction contractor will clarify if the construction works cause the complaint. The CSC will inform and update the complainant about the progress of grievance mitigation within 24 hours for urgent issues and 7 days for non-urgent issues. Once verified problem/complaint is well-founded and due to the construction works, the decision will be implemented together with the Safeguard Unit, CSC and Contractor. The contractor will take the necessary corrective actions and try to resolve the grievance informally directly with the complainant. If any sort of filled level grievance is not possible to redress or at the choice of the complainant, a formal redress can be forwarded to the Grievance Redress Committee (GRC). ESMF of BBIN 1 106 The GRC will be formed to review complaints that cannot be resolved immediately. The committee will be formed by the Project Director of the proponent as a chair, the Unit Leader from the Safeguard and M&E Unit (CSC) and members of local stakeholders involved: Municipality representative, community members, NGOs, etc. A complainant has the right to appear in person, to be accompanied by a family member, and/or to request to be represented by a senior community member. In the event that the contractor, proponent, CSC do not address a grievance, the affected person can seek legal redress of the grievance in the appropriate courts under the formal legal court system. In the case the established GRM is not in a position to resolve the issue, affected people can also use the World Bank Accountability Mechanism through direct contact (in writing) to the World Bank or Government of Nepal (GoN). The complaint can be submitted in any of the official languages of WB or in local Nepali language. Depending on the complaints and the mitigation measures decided and implemented, if necessary, the ESMP will be updated in order to avoid similar problems afterwards. The CSC Safeguard unit will provide monthly reports of any complaint registered and how it has been dealt with to the local authorities. The CSC Safeguard unit will regularly provide information to disseminate to the local stakeholders and communities of any grievances received and how they have been resolved through the community mobilization process or through the Communication Strategy Plan implementation. Grievance recording register will be established at the project office, Contractor’s Office and Consultant's RE office as well. Project affected people, as well as local people, can lodge their complaints at these Offices related to assets acquisition and other social and environmental concerns due to construction-related activities. Special project grievance mechanisms such as the on-site provision of complaint hearings allow project-affected persons to get fair treatment on time. The GRC will be established in each road section covering affected Rural municipalities/Municipalities to handle initial grievances of the project-affected people. The grievant will have unhindered access to the grievance redress office to forward and file complaints. The provision of a Social Mobilizer in the project implementation is good practices in this regard. Social Mobilizer can be mobilized in order to help grievants to file the complaints to the concerned agency. Grievants will be exempted from all administrative fees incurred pursuant to the grievance redressed procedures except for cases filed in court. Proposed mechanism for grievance resolution is given below: Stage 1:Complaints of grievants on any aspect of compensation, relocation, or unaddressed losses will be settled in the first instance verbally or in written form in the field-based project office. The concerned personnel to settle the issues at local level can discuss the complaint in an informal meeting with the grievant. The community consultation, involvement of social and resettlement specialists and environmental specialists will be helpful in this regard. It will be the responsibility of the GRC and Project In-charge to resolve the issue within 15 days from the date of the complaint received. Stage 2:If no understanding or amicable solution reaches or no response from the project office, the grievant can appeal to the CDC and project proponent/DOR. While lodging the complaint, the grievant must produce documents to support his/her claim. The CDC will provide the decision within 15 days of registering the appeal. In the case, if established GRM is not in a position to resolve the issue, affected people can also use the World Bank Accountability Mechanism through direct contact (in writing) to the World Bank or Government of Nepal (GoN). Stage 3:If the grievant is not satisfied with the decision of CDC and project proponent or in the absence of any response of its representatives, within 35 days of the complaint, the grievant, in his/her last resort, may submit its case to the court. ESMF of BBIN 1 107 PAPs (GRC) Social Safeguard/ Public Relation and Resettlement Specialist, Environment Safeguard Specialist, RE from SC; representative from 15 Days Grievance proponent site office; First Stage Grievances Contractor; CBOs and Local Redressed representatives Not Redressed CDC; Proponent 15 Days Grievance DOR; DOR/GESU Second Stage Grievances Redressed Not Redressed Higher Authority/ Grievance Court of Law* Third Stage Grievances Redressed Figure 7.1: Grievance Redress Mechanism structure in the project cycle CDC= Compensation Determination Committee, PAPs= Project Affected Persons, GRC= Grievance Redress Committee, CSC= Construction Supervision Consultant, DOR= Department of Roads, GESU= Geo-Environment and Social Unit. *Aggrieved person may also access the country's legal system at any stage (of the three stages) of the grievance redress mechanism. ESMF of BBIN 1 108 8 Project Institutional Framework 8.1 Institutional Arrangements for E&S Instrument Preparation and Implementation The BBIN 1 institutional framework and environmental and social staffing arrangement within the institutions are shown in Figure 8.1. The road works will be implemented by DOR, and trade-related works will be implemented by MOICS. The DCID in the DOR will act as the PMU, and a new PMU will be established in the MOICS. The PMUs will hire environmental and social staff for implementation of the ESMF, hire environmental and social consultants to prepare the required E&S instruments, and contractors with adequate environmental, health and safety (ESHS) specialists for implementation of the subprojects. BBIN1 MOPIT DOR MoICS GESU PMU/DCID PMU E&S Staff and Supervision E&S Staff and Supervision Contractors Contractors Consultants Consultants Consultants Consultants Figure 8.1: E&S Implementation Arrangements of BBIN 1 8.2 Institutional Capacity of DOR DOR has extensive experience in working with the World Bank and other donor-funded projects. It has a permanent Geo-Environment and Social Unit (GESU) with four environmental and social staff. The DCID, which will act as the PMU, has four existing environmental and social staff. The details of existing E&S staff within the PMU/DCID and the GESU are shown in Table 8.1. Table 8.1: Environmental and Social Staff of PMU/DCID and GESU of DOR S.No. Position No. of position Recruited (Yes/No) E&S staff in DCID/PMU 1 Social Development Expert/Consultant 1 Y 2 Environmental Safeguard 1 Y Consultant/Expert 3 Gender Specialist 1 Y 4 Occupational Health and Safety Specialist 1 Y GESU 1 Sociologist 1 Y 2 Environment Inspector 1 Y 3 Environmental Advisor 1 Y ESMF of BBIN 1 109 S.No. Position No. of position Recruited (Yes/No) 4 Social Development Advisor 1 Y 5 Geo-Technical Engineer 1 Y The DOR and E&S staff in the PMU/DCID team has extensive experience in working with the World Bank funded projects, and World Bank safeguard policies and ESF. They are also currently working for World Bank funded Nepal Strategic Road Connectivity and Trade Improvement Project (SRCTIP), which was prepared under the ESF requirements. They also participated in the preparation of this ESMF and ESIA of the Butwal-Gorusinghe road subproject of BBIN 1. The GESU is a permanent unit in DOR with two permanent staff, one Sociologist and one Environmental Inspector. In addition, it also has two consultants, an Environmental Advisor and a Social Development Advisor. The E&S staff in DOR are responsible for preparing IEE and EIA for government-funded road projects and supervising the implementation of ESMP. The GESU E&S staff are responsible for reviewing the safeguard documents of the different projects under DCID and forwarding them to the respective line ministries and departments. The DCID E&S experts are responsible for incorporating the idea of GESU E&S staff and updating the documents as necessary. GESU E&S team is responsible for monitoring the DCID projects and providing suggestions while implementing E&S compliance. The DCID has major focuses on the doner funded projects while GESU looks after doner funded as well as GoN funded projects. Besides these, the role of the GESU is very important for improved efficiency, effectiveness and sustainability of the projects. Although the need for the right of way acquisition is identified in EIA/ESIA, GESU is not normally involved in the land acquisition, and hence, rarely if at all interacts with the land agencies. Sometimes, RAPs from the donor-funded project are submitted to the GESU for review. The relation of DoR-DCID, DoR-PCU and GESU has been sketched in Figure 8.2. ESMF of BBIN 1 110 Figure 8.2: The relation of DoR-DCID, DoR-PCU and GESU 8.3 Institutional Capacity of MOICS MOICS is a longtime client and partner of the World Bank and is quite familiar with Bank safeguard policies and Bank processes. It currently implements Nepal-India Regional Trade and Transport Project (NIRTTP) and other donor-funded projects. It has a good experience, performance and acceptable track record in implementing the ESMP for trade-related projects and other infrastructures, including implementing ESMPs. The project management unit under NIRTTP has one environmental specialist and one social specialist positions, which are yet to be filled. 8.4 Capacity Building of DOR and MOICS The proposed capacity building programs under BBIN include the hiring of additional environmental and social specialists in each PMU. One junior environmental specialist and one junior social specialist will be hired for the PMU of DOR to support the existing E&S staff. One environmental specialist and one social specialist will be hired for the PMU of MOICS. The monitoring capacity of DCID E&S staff will be strengthened by procurement of one field vehicle and environmental monitoring equipment. Further, training programs will be conducted to these staff to strengthen their capacity to manage the environmental and social impacts and risks of the subprojects. The capacity building plan ensures that the E&S risks associated with individual road projects under the BBIN will be managed in accordance and in compliance with the World Bank E&S Standards. The ESMF of BBIN 1 111 long-term goal is to build a permanent capacity at DoR/MOICS to manage ES risks of all its future projects and programs, serving as a model for other agencies and helping catalyze government-wide institutional change in E&S Risk Management. The training programs will focus on WB ESF-compliant ESIA, Occupational Health and Safety issues in Road development and mitigation measures, Monitoring and Audit System, Audit Protocols, E&S Compliance Monitoring, and so on. 8.5 Roles and Responsibilities of Implementing Agencies PMUs. The PMUs will be responsible for the overall implementation of the subprojects, including procurement of design consultants, E&S consultants to prepare necessary E&S instruments, construction supervision consultants (CSCs) and contractors. PMUs will have dedicated E&S staff, as discussed in the above sections. Detailed roles and responsibilities of all these agencies on E&S implementation are given in Table 8.2. Construction Supervision Consultants. The construction and supervision consultant team has the responsibility to support the construction, activities of road/bridge improvement or upgrading works. The major role of construction supervision consultant is to carry out construction supervision of road and bridge works under BBIN project including environmental and social management plan, health and safety plan, and other environment and social-related plans, resettlement implementation support, relocation of utility services, quality management, and all aspects of contract management as “Engineer” for the implementation of civil works contracts including Construction and 5 years Maintenance Phase. The CSCs will have adequate ESHS staff in their team, including environmental specialists, social specialists, and OHS specialists. E&S Consultants. The PMUs will hire E&S consultants to prepare necessary E&S instruments, such as ESIA, RAP, IPDP, and IEE/EIA needed for the World Bank and government approvals. Contractors. The contractors will have adequate ESHS specialists to implement the environmental and social management plans prescribed in the ESMP. Table 8.2: Roles and Responsibilities in E&S Management of the Project Organization Responsibility PMUs • Coordination with the MoPIT and WB and other line agencies • Recruitment of CSC consultants and Consultant for ESIA studies • Preparation of Quarterly Progress Reports and share with the line ministry and World Bank. • Ensure that all project activities are well-managed and coordinated; • Procurement of works and goods; • Payment of compensation to the project affected households; • Ensure day to day compliance monitoring during the execution of works E&S staff within • Screening of proposed subprojects to identify their risk category and PMUs requirement of safeguard instruments to be prepared (ESIA or IEE, RAP, IPDP, etc.) • Prepare terms of reference for the E&S studies of subprojects • Reviewing consultant deliverables related to environmental assessment, reviewing bid documents for inclusion of ESMP measures, supervising construction activities, producing periodic monitoring reports, • Supervising CSC for the implementation of ESMP • Closely coordinate with other concerned agencies, local governments, and communities to support the implementation of ESMP ESMF of BBIN 1 112 CSC • Prepare feasibility studies and detailed engineering designs for projects; • Supervision of civil works, ensuring compliance with all design parameters including quality requirements and ESMP implementation; • Preparation of monthly reports (Technical and E&S report) and submit to PMU • CSC will have dedicated environment, social and OHS staff E&S Consultants • Carrying out E&S assessment studies in compliance with the procedures described in the Program’s ESMF • Prepare required E&S instruments for the subprojects Contractors • Prepare construction ESMP (C-ESMP) with site-specific mitigation measures; • implementation of mitigation and monitoring measures proposed in the ESMP; • Each contractor will recruit an Environmental, Health, and Safety Manager, who will be responsible for implementing the contractors’ environmental, health and safety responsibilities, and liaising with government agencies. • The contractors will have adequate environmental, social, health, and safety staff. 8.6 Budgets for Implementation of ESMF A budget of USD 0.75 million is proposed to implement ESMF, which covers the preparation of E&S instruments, hiring E&S staff in the PMUs and procurement of a field vehicle and monitoring equipment for the DCID/PMU of DOR. Detailed cost estimates for implementing ESMPs and RAPs will be provided in respective ESIA and RAPs. Details of the ESMF budget are given in Table 8.3. Table 8.3: Budget for E&S Implementation S.N. Activities Tentative cost in US$ 1 Preparation of ESIA and IEE/EIA for subprojects 100,000.00 2 Preparation of RAP and IPDP for subprojects 100,000.00 3 Environmental and Social Staff in the PMUs (two 400,000.00 specialists in each PMU) 4 Capacity building programs 50,000.00 5 Vehicle for DCID during compliance monitoring and 100,000.00 implementation phase and monitoring equipment Grand Total 750,000.00 ESMF of BBIN 1 113 Annex 1: Environmental and Social Screening Checklists Annex 1.1. Screening Checklist for Roads Annex 1.2 Screening Checklist for Bridges Annex 1.3 Screening Checklist for Trade Facilities Annex 1.4 Indicative Structure of E&S Screening Report ESMF of BBIN 1 114 Annex 1.1. Screening Checklist for Roads A. General Information Project Title: Subproject Name: Sector Division: Category of Road: Project Districts: Description of Proposed Project Activities: B. Environmental Screening S.N. Issues Yes No Remarks 1 Is the sub-project area adjacent to or within any of the following environmentally sensitive areas?  Cultural heritage site  Protected Area  Wetland  Buffer zone of protected area  Forests  Significant area for protecting biodiversity (e.g. Key Biodiversity Area, Important Bird Area, etc.) 2 Whether subproject work requires clearing the forest area or any other environmentally sensitive areas mentioned in the above question? If yes, area of clearance, and type of forest/tree to be removed. 3 Would the proposed road rehabilitation/upgradation affect the movement/migration of fauna species such as mammals, reptiles and amphibians? 4 Whether the sub-project is encroaching the historical/cultural areas; alteration of landscape by road embankments, cuts, fills, and quarries? 5 Alteration of surface water hydrology of waterways crossed by roads, resulting in increased sediment in streams affected by increased soil erosion at construction site? 6 Deterioration of surface water quality due to silt runoff and sanitary wastes from work-based camps and chemicals used in construction? 7 Increased local air pollution due to rock crushing, cutting, and filling works, and chemicals from asphalt processing? 8 Risks and vulnerabilities related to occupational health and safety due to physical, chemical hazards during project construction and operation? ESMF of BBIN 1 115 S.N. Issues Yes No Remarks 9 Noise and vibration due to blasting and other civil works? 10 Risks to community health and safety due to the transport, storage, and use and/or disposal of materials such as explosives, fuel and other chemicals during construction and operation? 11 Community safety risks due to both accidental and natural causes, especially where the structural elements or components of the project are accessible to members of the affected community or where their failure could result in injury to the community throughout project construction, operation and decommissioning. 12 Availability of Construction Materials and space available for storage yard etc. for storing materials. 13 Appropriateness and adequacy of designated tipping sites and their dumping capacity, any requirements for protection works etc. C. Social Screening S.N. Issues Yes No Remarks 1 Will there be dislocation or involuntary resettlement of people? If yes, provide estimates on the affected area and affected households 2 Will there be dislocation and compulsory resettlement of people living in right - of -way? If yes, provide estimates on the affected area and affected households 3 Is there any presence of Indigenous People in the project area? 4 Are there any impacts on the indigenous people? 5 Disproportionate impacts on the poor, women and children, or other vulnerable groups? 6 Other social concerns relating to inconveniences in living conditions in the project areas that may trigger cases of upper respiratory problems and stress? 7 Hazardous driving conditions where construction interference? 8 Accident risks associated with increased vehicular traffic, leading to accidental spills of toxic materials and loss of life? 9 Increased noise and air pollution resulting from traffic, leading from traffic volume? 10 Increased risk of water pollution from oil, grease and fuel spills, and other materials from vehicles using the road? 11 Social conflicts if workers from other districts/province or neighboring countries are hired? 12 Large population influx during project construction and operation that causes increased burden on social ESMF of BBIN 1 116 infrastructure and services (such as water supply and sanitation systems)? D. Climate Change and Disaster Risk Screening S. N. Issues Yes No Remarks 1 Is the project area subject to hazards such as earthquake, flood, landslide, storm etc.? 2 Could changes in temperature, precipitation, or extreme events patterns over the project lifespan affect technical or financial sustainability (e.g. increased erosion or landslide could increase maintenance costs, soil moisture content could affect sub-grade) 3 Are there any demographic or socioeconomic aspects of the project area that are already vulnerable (e.g. high incidence of marginalized populations, rural-urban migrants, illegal settlements ethnic minorities, women or children)? 4 Could the project potentially increase the climate or disaster vulnerability of the surrounding area (e.g. by encouraging settlement in areas that will be more affected by floods in the future or encouraging settlement in earthquake zone)? E. Gender Based Violence- General Supervision SN Issue Confirm Potential Remarks (Y/N/ NA) Impacts 1 Is there any impact of not having Separate accommodation & Sanitation facilities and wages discrimination 2 Possibility of Sexual exploitation and abuse (SEA) and Sexual harassment (SH)? 3 Any type of work that may require female labor skill? F. Stakeholder Consultation SN Issues Confirm Potential Remarks (Y/N/NA) Impacts 1 Have there been meaningful public dialogue, engagement, consultation and disclosure in the past about the project and its associated ES risks and impacts? 2 Is there the potential for any public opposition for the project? 3 Is there the potential for any public support for the project? ESMF of BBIN 1 117 4 Are project stakeholders likely to exhibit widely divergent views on the need, objectives or activities defined under the project? 5 Will support for the project pose a reputational risk to the Bank in any way regarding perception of ES risks and impacts? 6 Is the project likely to face any barriers to information disclosure, transparent sharing of project information among stakeholders, or other aspects that could affect meaningful consultations? 7 Does the Borrower or implementing entity have a positive performance track record in engaging with stakeholders in similar projects? 8 Does the Borrower or implementing entity have a demonstrated track record regarding the establishment and use of grievance mechanisms? G. Conclusion E&S Risk Category of the Subproject (High, The guidance for risk-categorization Substantial, Moderate, Low): High-risk: Subprojects that involve complex and large scale civil works. The anticipated impacts are high in magnitude and/or spatial extent, and high probability of serious adverse impacts on sensitive ecosystems and public health. Substantial Risk. Subprojects that involve large-scale civil works. The anticipated impacts are medium in magnitude and/or spatial extent in time. Medium to low probability of impacts on sensitive ecosystems and public health Moderate Risk. Subprojects that involve medium scale civil works, and the impacts are temporary in nature and low in magnitude. The impacts will not be felt beyond the actual footprints of the subprojects Low Risk. Subprojects that involve minor civil works and its potential impacts on public health and the environment are likely to minimal and negligible. Recommendation on E&S instruments including management plans, studies and/or assessment to be prepared for the proposed subproject e.g. ESIA, ESMP, use of Generic/Standard ESMP Recommendations to the Design Engineer Conclusion and summary of overall screening findings ESMF of BBIN 1 118 Assessed/Prepared by: Designation: Date: Endorsed by: Annex 1.2 Screening Checklist for Bridges A. Bridge Information I Bridge name II Bridge ID III River name/Type IV Bridge length/No of Span V Bridge type VI Road name VII District/VDC (Both side of bridge) Right bank: Left bank: VIII Brief description of subproject activities B. Environmental Safeguard Screening SN Issue Confirm Potential Impacts Remarks (Y/N,NA) 1 Whether the subproject area located within environmental sensitive areas (protected area, buffer zone, reserved forest, wetlands, cultural heritage site, habitat of important species or other sensitive area etc.) 2 Whether subproject work requires clearing the forest area? If yes, area of clearance, and type of forest/tree to be removed. 3 Any changes to waterways/river regime due to bridge work? 4 Whether the bridge work require borrow pit/stockpiling? What are the probable locations for borrow pits/Stockpiling and how far? 5 Whether the bridge works require using chemicals, bitumen or other liquid/chemicals? And what are they? 6 Whether bridge works during construction carried out day and night? 7 Potential impacts on Historical / religious / cultural/ cremation/graveyard sites and/or intangible cultural assets. ESMF of BBIN 1 119 8 Potential Air, Water and Noise pollution and vibration expected due to bridge work? 9 How much construction yard needed for bridge works? 10 Whether the bridge works will have impacts on flora, fauna and biodiversity etc.? 11 What will be the impact on the movement of regular traffic, and/or pedestrians, and access to amenities due to bridge construction works? 12 What type of solid/hazardous waste generated during construction due to bridge construction works? Any potential issues related to treatment/disposal? 13 Labor camps will be established? If yes, please specify the area. 14 Creation of temporary breeding habitats for diseases such as those transmitted by mosquitoes and rodents during the construction works? 15 Is siting and/or routing of the subproject (or its components) likely to be affected by climate conditions including extreme weather related events such as floods, droughts, storms, landslides etc.? 16 Whether the project design (e.g. the clearance for bridges) needs to consider any hydro meteorological parameters level, (e.g., peak river flow, reliable water level, peak wind speed etc.)? 17 Whether the climatic conditions, current and likely future climate conditions (e.g. prevailing humidity level, temperature contrast between hot summer days and cold winter days, exposure to wind and humidity hydro-meteorological parameters likely affect the selection of subproject's input over the life of project outputs (e.g. construction material)? 18 Whether the climatic conditions, current and likely future climate conditions, and related extreme events likely affect the maintenance (scheduling and cost) of project output(s)? (E.g. depositions of debris/silt, scouring, river bank cutting etc.) 19 Information about alternatives under consideration or to be considered? 20 Will certain ES risks and adverse impacts be difficult to avoid, or minimize, or mitigate because i) the project involves a technology that is new and/or complex, and the risks and/or impacts of this technology are not ESMF of BBIN 1 120 fully understood, and/or ii) the project involves (a) complex mitigation measure(s) that its implementation success is not fully assured? 21 Does the scale of the project have the potential to cause diverse and multiple ES risks and impacts extended over a large area? This applies to both direct and indirect (Induced) risks and impacts 22 Does the project require demolition of part/all of existing bridge structure? C. Social Safeguard Screening SN Confirm (Y/N, Potential Social Issue NA) Impacts Remarks 1 Temporary land acquisition required for the maintenance work if yes go the following number 2. 2 Acquisition of land (with ownership type) 2.1 Estimated Area: 2.2 Affected HHs Nos.: 3 Loss of income sources HHs Nos. 4 Loss of houses/shelter and other structure Nos. for maintenance purposes (title holder and non-title holder). 5 Impact on Community/Public Property (e.g. Irrigation, water supply, access road, foot trail, telephone/electric pole etc.) If yes 5.1 Irrigation System Type : Length: 5.2 Water Supply System Type : Length: Loss of fodder/timber/fruit trees of commercial value Nos. Loss of crops grown in the affected land (estimated quantity) 5.3 Other Specify (community property): 6 Employment Opportunity (in direct benefited area) 6.1 Local peoples willingness to work If Yes Available skilled labor: Unskilled labor: 7. Large population influx during project construction and operation that causes increased burden on social infrastructure and ESMF of BBIN 1 121 services (such as water supply and sanitation systems)? 8. Is there potential for employment of community workers? 9 Is there a potential for employment of vulnerable individuals or groups, such as women, people with disabilities, migrant workers and/or children (of working age as per ESS 2)? 10. Is there risk or potential for the employment of child labor and/or forced labor? D. Occupational Community Health and Safety Safeguard Screening (OCHS) Confirm (Y/N, Potential SN Issue Remarks NA) Impacts 1 Risks to community health and safety due to the transport, storage, and use and/or disposal of materials such as fuel and chemicals etc. during construction of the bridge works? 2 Potential accidents due to absences of site- barricade or safety signage on construction worksites? 3 How many shifts the construction activities take place during execution of works? 4 Are there any nearby emergency health facilities? 5 Whether the construction activities include high occupational health and safety risk jobs? (Works at height/hazardous works etc.) 6 Impacts due to influx of migration of workers? (transmission of pandemic diseases, STDs, etc) 7 Community safety risks due to both accidental and natural causes, especially where the structural elements or components of the subproject are accessible to members of the affected community could result in injury to the community throughout project construction, operation and decommissioning. 8 Any risks of increasing exposure of communities to project related traffic/road safety risks? E. Gender Based Violence- General Supervision SN Issue Confirm Potential Remarks (Y/N/ NA) Impacts ESMF of BBIN 1 122 1 Is there any impact of not having Separate accommodation & Sanitation facilities and wages discrimination 2 Possibility of Sexual exploitation and abuse (SEA) and Sexual harassment (SH)? 3 Any type of work that may require female labor skill? F. Stakeholder Consultation SN Issues Confirm Potential Impacts Remarks (Y/N/NA) 1 Have there been meaningful public dialogue, engagement, consultation and disclosure in the past about the project and its associated ES risks and impacts? 2 Is there the potential for any public opposition for the project? 3 Is there the potential for any public support for the project? 4 Are project stakeholders likely to exhibit widely divergent views on the need, objectives or activities defined under the project? 5 Will support for the project pose a reputational risk to the Bank in any way regarding perception of ES risks and impacts? 6 Is the project likely to face any barriers to information disclosure, transparent sharing of project information among stakeholders, or other aspects that could affect meaningful consultations? 7 Does the Borrower or implementing entity have a positive performance track record in engaging with stakeholders in similar projects? 8 Does the Borrower or implementing entity have a demonstrated track record regarding the establishment and use of grievance mechanisms? G. Conclusion ESMF of BBIN 1 123 E&S Risk Category of the Subproject (High, The guidance for risk-categorization Substantial, Moderate, Low): High-risk: Subprojects that involve complex and large scale civil works. The anticipated impacts are high in magnitude and/or spatial extent, and high probability of serious adverse impacts on sensitive ecosystems and public health. Substantial Risk. Subprojects that involve large-scale civil works. The anticipated impacts are medium in magnitude and/or spatial extent in time. Medium to low probability of impacts on sensitive ecosystems and public health Moderate Risk. Subprojects that involve medium scale civil works, and the impacts are temporary in nature and low in magnitude. The impacts will not be felt beyond the actual footprints of the subprojects Low Risk. Subprojects that involve minor civil works and its potential impacts on public health and the environment are likely to minimal and negligible. Recommendation on E&S instruments including management plans, studies and/or assessment to be prepared for the proposed subproject e.g. ESIA, ESMP, use of Generic/Standard ESMP Recommendations to the Design Engineer Conclusion and summary of overall screening findings Assessed/Prepared by: Designation: Date: Endorsed by: ESMF of BBIN 1 124 Annex 1.3 Screening Checklist for Trade Facilities A. General Information SN General Information Description 1. Project Name: BBIN1 2. Sub-project Name: 3. Location of the subproject 4. Description of the proposed 5. Name of the connected road/highway: Entrance Chainage: 6. Altitude: 7. Approach Road Gravel Earthen Condition Black Topped Feeder Road 8. Length of Approach Road 9. Land Use Pattern: 10. Available area to perform construction activities? 11. Total Area of the Infrastructure 12. Status of Fencing 13. Screening Assessment Date: B. Environmental Screening S. Issue Confirm Potential E*S Remarks N. (Y/N,/ NA) Risks 1. Does the proposed area of parking yard, access road and other infrastructures infrastructure construction sites/ neighborhood gets affected? Is there a potential temporary disruption to nearby 2. community due to construction of parking yard, access road and other infrastructures? Will there be enough space inside the proposed area for the 3. storage of the construction materials? 4. Is there enough open space for multifaceted works? 5. Is there emergency gathering place within the area? Will there be any damage or disturbance to existing lines 6. (water supply, connection, drainage, telephone/sewer and electric pole)? ESMF of BBIN 1 125 S. Issue Confirm Potential E*S Remarks N. (Y/N,/ NA) Risks Does High Tension Line (HTL) pass across the proposed site? 7. If Yes, at what distance, and of what is the power in kVA in transmission line? Impact on movement of traffic, and / or movement of 8. people? 9. Is there any Protected Area in the vicinity? 10. Is there any forest in the vicinity? . Does the proposed area needs clearance of vegetation 11. (Shrubs/bushes/ trees)? Will there be any requirement of clearing forest or other environmental sensitive areas? How many numbers to grown up trees within the 12. construction site? If any then specify the numbers and types. Is there any possibility to enhance the greenery with 13. additional ornamental tree plantation? 14. Are there any landslides or erosion-prone areas? 15. Is there any Flood prone/River cutting/Low lying areas? Are there any water sources/water bodies (pond, lake, river, 16. stream, spring, etc.) 17. What is the quality of air, water sources, soil, and noise, etc? Water supply source (currently being used) and future 18. provision? Water requirement fulfillment during construction of the 19. project? Whether it will be pumped from river or managed for elsewhere? Risk and hazard associated with constructing or operating 20. sites? Status of Approach road ICP? How wide is it, is there need 21. for widening? Availability of construction material such as sand gravel, 22. brick or stone? How to manage solid waste during operation phase of 23. parking yard, access road and other infrastructures? Is there any need for incinerator? What about kitchen waste? How to manage surface drainage? Is there possibility to collect surface runoff in lagoon and excess water then will 24. be discharged to nearest water bodies (Kholsa and Kholsi)? The retained water may be used for gardening during dry season. Is there any effluents generated from the existing lab or 25. buildings? 26. Is there any possibility of rainwater harvesting? C. Social Screening S.N. Issue Conformation Magnitude of Remarks (Yes/No) Social Impacts ESMF of BBIN 1 126 1 Are the lands proposed for construction of trade facilities legally owned by NITDB or any competent government entities? 2 Possibility of access restriction of local communities due to construction of the proposed trade facilities and other related activities such as extension of access road? 3 Is there any indigenous and vulnerable community along the alignment and vicinity? 4 Are there any historical/Religious/Cultural/Archeological sites (such as temple, mosque, church, palaces ruins, etc.?) 5 What are the available Common property resources in the project area such as forest, grazing land, open public spaces etc.? 6 What is the status of the civic amenities such as hospital, Health Pos, School/collage 7 Any security threat from the neighborhood or during operation phase, need to be highlighted so that this provision will be addressed in detail design of the project. 8 Water requirement fulfillment during construction of the project? Whether it will be pumped from ground or managed for elsewhere? 9 What are the Adjoining main settlement and trade centers? 10 Does the project need to acquire land, house, or other private property? 11 Is there any loss of livelihood/Income source etc.? 12 Are there any IPs/Marginalized groups of people in the neighborhood? 13 Are there any community infrastructures that may require relocation (such as Irrigation canal, water supply pipes, foot trails, culverts, resting places (chutara in Nepali), electricity and telephone poles, etc.)? 14 What are the potential income-generating activities in the neighborhood? 15 How would the poor, marginalized, and IPs benefit from the projects? 16 Opportunity to involve local people during construction of the project (skilled or unskilled labor such as mason, labor etc.) available in local market? ESMF of BBIN 1 127 17 Is there any community health and safety risk to women, children, and elderly people from the project? 18 Are there any disputes which might hinder/delay the successful accomplishment of the proposed project? D. Occupational Community Health and Safety Safeguard Screening (OCHS) Confir Rema SN Issue m (Y/N, Potential Impacts rks NA) 1 Risks to community health and safety due to the transport, storage, and use and/or disposal of materials such as fuel and chemicals etc. during construction of the bridge works? 2 Accidents due to absences of site-barricade or safety signage on construction worksites? 3 How many shifts the construction activities take place during execution of works? 4 Are there any nearby emergency health facilities? 5 Whether the construction activities include high risk jobs? (Works at height/hazardous works etc.) 6 Impacts due to influx of migration of workers? (transmission of pandemic diseases, STDs, etc) 7 Community safety risks due to both accidental and natural causes, especially where the structural elements or components of the subproject are accessible to members of the affected community could result in injury to the community throughout project construction, operation and decommissioning. E. Gender Based Violence- General Supervision SN Issue Confirm Potential Impacts Remarks (Y/N/ NA) 1 Is there any impact of not having Separate accommodation & Sanitation facilities and wages discrimination 2 Possibility of Sexual exploitation and abuse (SEA) and Sexual harassment (SH)? 3 Any type of work that may require female labor skill? F. Stakeholder Consultation ESMF of BBIN 1 128 SN Issues Confirm Potential Remarks Impacts (Y/N/NA) 1 Have there been meaningful public dialogue, engagement, consultation and disclosure in the past about the project and its associated ES risks and impacts? 2 Is there the potential for any public opposition for the project? 3 Is there the potential for any public support for the project? 4 Are project stakeholders likely to exhibit widely divergent views on the need, objectives or activities defined under the project? 5 Will support for the project pose a reputational risk to the Bank in any way regarding perception of ES risks and impacts? 6 Is the project likely to face any barriers to information disclosure, transparent sharing of project information among stakeholders, or other aspects that could affect meaningful consultations? 7 Does the Borrower or implementing entity have a positive performance track record in engaging with stakeholders in similar projects? 8 Does the Borrower or implementing entity have a demonstrated track record regarding the establishment and use of grievance mechanisms? G. Conclusion E&S Risk Category of the Subproject (High, The guidance for risk-categorization Substantial, Moderate, Low): High-risk: Subprojects that involve complex and large scale civil works. The anticipated impacts are high in magnitude and/or spatial extent, and high probability of serious adverse impacts on sensitive ecosystems and public health. Substantial Risk. Subprojects that involve large-scale civil works. The anticipated impacts are medium in magnitude and/or spatial extent in time. Medium to low probability of impacts on sensitive ecosystems and public health Moderate Risk. Subprojects that involve medium scale civil works, and the impacts are temporary in nature and low in magnitude. The impacts will not be felt beyond the actual footprints of the subprojects ESMF of BBIN 1 129 Low Risk. Subprojects that involve minor civil works and its potential impacts on public health and the environment are likely to minimal and negligible. Recommendation on E&S instruments including management plans, studies and/or assessment to be prepared for the proposed subproject e.g. ESIA, ESMP, use of Generic/Standard ESMP , or use of Environmental Code of Practices Recommendations to the Design Engineer Conclusion and summary of overall screening findings Assessed/Prepared by: Designation: Date: Endorsed by: ESMF of BBIN 1 130 Annex 1.4 Indicative Structure of E&S Screening Report Executive Summary 1. Background 2. Description of proposed sub-project  Name, location, project footprint, technologies used, other project specification  Map showing project area, nearby communities, river, forest, wetland and other ecosystems 3. Objectives of Environmental and Social Screening 4. Methodology 5. Screening findings 5.1 Environmental baseline and potential risks and impacts 5.2 Socio-economic baseline and potential risks and impacts 5.3 E&S risks categorization 5.4 Need for ESIA, ESMP, IEE, RAP, VCDP and/or other E&S instruments/studies/measures 6. Stakeholder engagement 6.1. Stakeholder identification 6.2. Proposed stakeholder engagement approach 6.3. Result of stakeholder consultation 7. Conclusion and Recommendation Annex: - Project site photos - Stakeholder consultation records - Completed E&S screening checklist ESMF of BBIN 1 131 Annex 2: Environmental ToRs/ToCs Annex 2.1: Standard Content for a Scoping Document for EIA Studies Annex 2.2: Table of Contents for ToR for EIA Studies in Nepal Requiring Approval of MoFE Annex 2.3: Table of Contents for IEE Report Annex 2.4: Table of Contents for EIA Report (for MOFA Approval) Table 2.5: Proposed Table of Contents for ESIA (for World Bank Approval) Annex 2.1 Standard Content for a Scoping Document for EIA Studies Executive Summary, Abbreviations 1. Introduction 1.1 Background 1.2 The Proponent 1.3 Project Description 1.4 Policies, laws, Guidelines 1.5 Objectives of the Scoping 1.6 Project Area Delineation 2. Existing Environmental Condition 2.1 Physical Environment 2.2 Biological Environment 2.3 Socioeconomic Environment 2.4 Cultural Environment 3. Scoping Methodology 3.1 Literature Review 3.2 Public Notice 3.3 Walkover Survey 3.4 Issues Prioritization Methods 4. Issues Identified and Raised Stake holders 4.1 Issues Identified 4.2 Issues Raised by Stakeholders 5. Issues Prioritized for EIA Study 5.1 Physical Issues 5.2 Biological Issues 5.3 Socioeconomic Issues 5.4 Cultural Issues 5.5 Management Issues 6. Work Schedule Annexes: Road Design Standards adopted, Photos, Maps, List of Contact Persons Public Notices, Suggestions / Comments / Issues, Composition and schedule of Study Team Annex 2.2: ToR for EIA Studies in Nepal Requiring Approval of MoFE ESMF of BBIN 1 132 Section Table of Content No. 1 Name and address of the individual or institution (proponent) preparing the IEE/EIA report 2 Proposals: a. General introduction b. Relevancy of the proposal 3 Procedure to be adopted while preparing the IEE report 4 Policies, laws, rules, and manuals to be taken into account while preparing the IEE/EIA report 5 Preparation of the IEE report: a. Time b. Estimated budget 6 Specific impact of the implementation of the proposal: a. Social and Economic b. Cultural and Physical c. Chemical d. Biological 7 Alternatives for the implementation of the proposal: a. Design b. Project site c. Technology, procedure of operation, time schedule, raw materials to be used 8 Matters concerning prevention of impacts from implementation of the proposal on the environment 9 Matters to be monitored while implementing the proposal 10 Other necessary matters (Ref.: EPR 1997 Schedule 3) ESMF of BBIN 1 133 Annex 2.3: Table of Contents for IEE Report Chapter Sub-Chapters Required in IEE Report 1 1. Name and address of individual or institution preparing the report (proponent) 2 2. Executive Summary, indicating - Proposal and detailed particulars of the area where the project is implemented - Objectives of proposal - Impacts on Land-use - Adverse impacts on environment, impacts on human life, population pressure - Damage to be suffered by local goods or objects - Other necessary matters 3 3. Technical Information 3.1 Type of proposal and Project Description (nature, location) 3.2 Technology and materials to be used 3.3 Emissions resulting from the implementation of the proposal 3.4 Energy to be used 3.5 Manpower requirements 3.6 Resources required for the implementation of the proposals 3.7 Other necessary matters 4 4. Impacts of implementation of the proposal on the environment: 4.1 Physical impacts 4.2 Biological impacts 4.3 Impacts on social, economic, and cultural domain 5 5. Alternatives for implementation of the proposal 6 6. Measures to reduce or control the impact of implementation of the proposal on the environment 7 7. Matters to be monitored while implementing the proposal 8 8. Other necessary matters 9 9. (or Annex): Data, maps, photographs, tables, charts, graphs, etc. as required ESMF of BBIN 1 134 Annex 2.4: Table of Contents for EIA Report Standard Format Required for EIA Reports 1. Name and address of individual or institution preparing the report (proponent) 2. Executive Summary, in Nepali and English, indicating  Name and location of the proposed project  Brief description of the project  List of development permits or public financial assistance  Summary of identified alternatives  Summary of potential environmental and Social impacts  - List of key mitigation measures 3. Detailed Description of the Project  Type, size, and proposed use of project  Objective and anticipated benefits of the project  Description of physical characteristics of the project and its surrounding, illustration with location map and site plan in appropriate scale and level of details  A time table, approximate cost, and methods and timing of construction of the project.  Other necessary matters 4. Existing Environmental and Social Condition – Description and analysis of physical, biological, chemical, economic, and social condition of the project site, surroundings and the region.  Physical Environment – topography, geology, seismicity, hydrology (surface and ground water), climate, air quality, and noise,  Biological Environment - Plants, animals and habitats, national parks, sanctuary, rare and endangered species, sensitive ecological areas  Socio-economic, cultural, health & safety- Population, settlement, community Infrastructures ( Irrigation, drinking water, schools, etc), Agricultural land, Potential for development ( cash crop, industry, etc), recreational resources, scenic qualities, open spaces, historical, cultural and religious sites, 5. Impact Identification, prediction and Evaluation – Analysis of positive, negative, direct, indirect, extent, duration, reversibility and magnitude. The impact should be identified in relation to the construction, and operation stages  Physical  Biological  Socioeconomic, Cultural, Occupational and Community Health and Safety 6. Alternatives of Project  Project Alternative  Alternative Route  Alternative Design and Construction Methods  Do Nothing Alternative 7. Mitigation Measures – make reference to the Environmental Code of Practice  Beneficial Impacts in pre-construction, construction, and operation phases of project - Physical - Biological - Socioeconomic and cultural  Adverse Impacts in pre-construction, construction, and operation phases of project - Physical - Biological - Socioeconomic and cultural  Implementation schedule and responsibilities of the proposed mitigation measures ESMF of BBIN 1 135 Standard Format Required for EIA Reports 8. Environmental and Social Management Plan  General  Environmental Monitoring Plan (compliance and impact monitoring) 9. Review of Policy and Legal Provisions 10. Conclusion and Recommendations 11. References – documents and data sources used for this EIA 12. Appendices  Photographs  Response to the comments  Supporting Documents, baseline data, maps, drawings, etc  Details of Public Consultation/List of people participated  Copy of questionnaire/Checklists/Formats/Charts  Climatic Records  Records of Flora and Fauna  Records of Geological data  Air, noise and water quality data Copy of approved Terms of Reference ESMF of BBIN 1 136 Annex 2.5: Proposed Outline of the ESIA (a) Executive Summary • Concisely discusses significant findings and recommended actions. (b) Legal and Institutional Framework • Analyzes the legal and institutional framework for the project, within which the environmental and social assessment is carried out • Identifies and assesses the environmental and social requirements of the World Bank. (c) Project Description • Concisely describes the proposed project and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g., dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project's primary suppliers. • Includes a map of sufficient detail, showing the project site and the area that may be affected by the project's direct, indirect, and cumulative impacts. (d) Baseline Data • Sets out in detail the baseline data that is relevant to decisions about project location, design, operation, or mitigation measures. This should include a discussion of the accuracy, reliability, and sources of the data as well as information about dates surrounding project identification, planning and implementation. • Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions. • Based on current information, assesses the scope of the area to be studied and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. • Takes into account current and proposed development activities within the project area but not directly connected to the project. (e) Environmental and Social Risks and Impacts • Takes into account all relevant environmental and social risks and impacts of the project. This will follow the procedures given in the ESMF of the Project • Identifies mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assesses the acceptability of those residual negative impacts. Identifies differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable. • Assesses the feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the proposed mitigation measures. • Specifies issues that do not require further attention, providing the basis for this determination. ESMF of BBIN 1 137 (g) Analysis of Alternatives • Systematically compares feasible alternatives to the proposed project site, technology, design, and operation—including the "without project" situation—in terms of their potential environmental and social impacts. • Assesses the alternatives' feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of alternative mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the alternative mitigation measures. • For each of the alternatives, quantifies the environmental and social impacts to the extent possible, and attaches economic values where feasible. (h) Environmental and Social Management Plan • Develop an environmental and social management plan • Describe the institutional arrangements for implementation of ESMP and reporting. (i) Consultations and Disclosure • Summarize the consultations carried out and feedback received on the draft ESIA. (j) Appendices • List of the individuals or organizations that prepared or contributed to the environmental and social assessment. • References—setting out the written materials both published and unpublished, that have been used. • Record of meetings, consultations and surveys with stakeholders, including those with affected people and other interested parties. The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. • Tables presenting the relevant data referred to or summarized in the main text. • List of associated reports or plans. ESMF of BBIN 1 138