The AEC coordinates Agency-wide implementation of 22 CFR 216 to ensure it achieves its intended results. The AEC advises the Administrator, Assistant Administrators (AAs), other senior Agency managers, and Bureau Environmental Officers on issues that arise relating to 22 CFR 216. The AEC coordinates with the Office of General Counsel regarding that office’s interpretation of 22 CFR 216 when questions or new situations arise. The President’s Council on Environmental Quality (CEQ) in the White House oversees NEPA compliance across all Executive Branch agencies. The AEC is USAID’s official liaison to CEQ on overall NEPA compliance matters as stated in 22 CFR 216.7. The AEC communicates with the public and makes postings on the Internet as directed by the Administrator or an Assistant Administrator and cleared by the Office of Legislative and Public Affairs and the Office of General Counsel, and as provided in 204.3.4(a)(4). Specific additional AEC responsibilities are described in 22 CFR 216.
When an activity is Mission-based
the Mission Director or USAID Representative submits 22 CFR 216 documents with their written determination for review and concurrence, or in the case of Scoping Statements, approval, to the appropriate Bureau Environmental Officer (BEO) in Washington. Determinations of Categorical Exclusion are different from and must be documented distinctly from IEEs under the procedures in 22 CFR 216.2(c)(3) and 22 CFR 216.2(e). Activities having components eligible for Categorical Exclusion or Negative Determination may be divided and considered separately for environmental determination in such a fashion as to permit those parts of the activity to proceed pending environmental analysis of the balance.
In such cases
obligation of funds can be made incrementally as the requirements of 22 CFR 216 are met with respect to discrete subprojects or aspects of projects, programs, or activities; or if necessary while planning continues, including environmental review, the agreement or other document obligating funds may contain appropriate covenants or conditions precedent to disbursement for unidentified subprojects, or aspects of projects, programs, or activities. When an activity is Washington-based, the senior manager who is a Mission Director equivalent and who authorizes the funding submits 22 CFR 216 documents with their written determination for review and concurrence, or in the case of Scoping Statements or Environmental Assessments, approval, by the appropriate BEO. Certain cases outlined in 22 CFR 216 (e.g., requests for Exemptions, Deferrals, and Environmental Impact Statements), will require additional reviews in Washington. After receiving their BEO's written concurrence, the Operating Unit, Team, Activity Manager or COR must consider the environmental findings and recommendations made in the approved CE, IEE, EA, or EIS when designing and approving funding for a program or activity. The Contracting Officer or Agreement Officer must incorporate these requirements into any contracts, grants, cooperative agreements, or other mechanisms used to implement the activity. Additional decision procedures are described in 22 CFR 216.
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