INTEGRATED SAFEGUARDS DATA SHEET APPRAISAL STAGE Report No.: ISDSA3842 Public Disclosure Copy Date ISDS Prepared/Updated: 08-May-2013 Date ISDS Approved/Disclosed: 19-Feb-2013, 25-Feb-2013, 13-May-2013 I. BASIC INFORMATION 1. Basic Project Data Country: Kenya Project ID: P117635 Project Name: Kenya Water Security and Climate Resilience Project (P117635) Task Team Gustavo Saltiel Leader: Estimated 04-Feb-2013 Estimated 18-Jun-2013 Appraisal Date: Board Date: Managing Unit: AFTN2 Lending Investment Project Financing Instrument: Sector(s): General water, sanitation and flood protection sector (30%), Irrigation and drainage (20%), General agriculture, fishing and forestr y sector (20%), Public administration- Water, sanitation and flood protection (20%), General energy sector (10%) Theme(s): Water resource management (40%), Other environment and natural resources management (30%), Land administration and management (30%) Is this project processed under OP 8.50 (Emergency Recovery) or OP No Public Disclosure Copy 8.00 (Rapid Response to Crises and Emergencies)? Financing (In USD Million) Total Project Cost: 182.67 Total Bank Financing: 155.00 Total Cofinancing: Financing Gap: 0.00 Financing Source Amount BORROWER/RECIPIENT 7.66 International Development Association (IDA) 155.00 GERMANY KREDITANSTALT FUR WIEDERAUFBAU 20.01 (KFW) Total 182.67 Environmental A - Full Assessment Category: Is this a No Repeater project? 2. Project Development Objective(s) Page 1 of 14 The project development objectives of KWSCRP-1 are to: (i) increase availability and productivity of irrigation water for project beneficiaries; and (ii) enhance the institutional framework and strengthen capacity for water security and climate resilience for the country. Public Disclosure Copy 3. Project Description The project will have three inter-related components supporting the project development objective: (i) water resources development; (ii) effective water sector institutions; and (iii) support for project implementation. Component 1: Water Resources Development (US$ 104.5 million – US$ 76.8 million from IDA, US $ 20.0 million from KfW, and US$ 7.7 million from GoK and beneficiaries) This component will support climate resilience and water security for economic growth by financing water investments and by progressively building a longer-term investment pipeline. Component 1 includes two sub-components: (i) Water Sector Investments and (ii) Water Investment Pipeline. Each sub-component is described below. Sub-Component 1.1: Water Sector Investments (US$ 54.5 million – US$ 26.8 million from IDA, US $ 20.0 million from KfW, and US$ 7.7 million from GoK and beneficiaries) Lower Nzoia Irrigation Scheme Phase 1. The Lower Nzoia Irrigation Scheme Phase 1 will be financed under the first investment operation in the series, KWSCRP-1. It is a flagship project of the Kenya Agricultural Sector Development Strategy (ASDS) and of Kenya Vision 2030 and is expected to contribute to food security, economic growth and enhanced climate resilience for farmers. Located in Western Kenya, not far from the town of Kisumu, the Lower Nzoia Irrigation Scheme is the first new generation large scale public scheme to be developed by the National Irrigation Board (NIB). The scheme would derive its water from the Nzoia River, which flows into Lake Victoria a very short distance downstream, and irrigate 4,043 hectares, of which about 50% would be devoted Public Disclosure Copy to high value crops (fruit, vegetables) and the other 50% to rice in rotation with soybeans, cereals and other legumes. The success of the sub-project relies on the effective transition from current rain-fed subsistence agriculture to commercial farming based on horticulture, and on the uptake of efficient irrigation management, operation and maintenance processes that will ensure scheme functionality and sustainability. The sub-project is, therefore, designed with three complementary pillars/activities as follows: (a) construction of irrigation and drainage infrastructure, including rehabilitation of some 705 hectares (existing Bunyala Irrigation Scheme); (b) support to agricultural production and establishment of market linkages through a value chain approach; and (c) support to the efficient operation of the infrastructure and to the progressive transfer of responsibilities and decision-making to Irrigation Water Users Associations in line with Kenya’s irrigation strategy. The sub-project will facilitate linkages and partnerships between the private sector and farmers that would serve the long term interests of the latter, both on marketing and value chain and irrigation service delivery. The sub-project has also been designed to allow sufficient time (seven years) to successfully implement the activities, including under scheme operation. The construction phase will last 3.5 to 4 years and be carried out in stages in order to start irrigation as early as possible. It will be followed by a two-year period during which irrigated agriculture will take place and be monitored on the entire scheme as on-the-job capacity building continues. Page 2 of 14 The estimated cost of the sub-project – inclusive of the above activities – is US$ 54.5 million to be financed as follows: a contribution from KfW of EUR 15 million (equivalent of USD 20 million as Public Disclosure Copy of March 31, 2013); a contribution from the World Bank, estimated at US$ 26.8 million; and a contribution from beneficiaries and GoK, estimated at US$ 7.7 million and to cover primarily operational costs, such as the establishment of a revolving fund for access to agricultural inputs, and costs of resettlement. Sub-Component 1.2: Water Investment Pipeline (US$ 50 million) This sub-component will contribute to closing the large infrastructure gap in Kenya’s water sector, estimated at around US$ 5-7 billion in various existing and ongoing exercises. An immediate pipeline of potential investments worth about US$ 293 million has been identified and is currently under review for financing in the next investment operation under KWSCRP. This pipeline includes Mwache Dam and Ruiru well fields, which are in advanced stages of preparation, with detailed designs (and relevant safeguards documents) expected to be completed in 2013. In addition to the investments discussed under the immediate pipeline, a number of investments are under preparation as part of various exercises that are currently underway. These include: those being prepared as part of the Water Supply Master Plans for Nairobi/Satellite Towns and Mombasa/Coast Region (supported under WaSSIP); those under the NIB’s project portfolio, with currently five irrigation development schemes at feasibility or design stage representing almost 300,000 ha; and those under the National Water Resources Master Plan 2030 (supported by JICA). A number of water storage investments were also identified in the 2012 World Bank report, ‘Towards a Strategic Analysis of Water Resources Investment in Kenya.’ Notwithstanding various planning exercises and the acknowledged enormous investment needs, the detailed preparation of many identified investments is inadequate. The vast majority of project documents fall far below international standards on technical, economic, financial, environmental, Public Disclosure Copy social and institutional grounds. It is acknowledged that the poor preparedness of potential investments is partly responsible for the large water sector investment gap and has affected progress in the sector. This sub-component will support the development of the investment pipeline by financing preparation activities for a range of potential investments – from water supply and irrigation schemes to large-scale water investments – requiring preparation budgets of up to US$ 10 million. It is envisioned that several of these investments could receive project financing in subsequent investment operations. Specifically, this sub-component will finance pre-feasibility studies, feasibility studies and detailed designs. Other support will include: (i) development of safeguards instruments (ii) surveys and tests; (iii) preparation of terms of reference (TORs) for consulting services to support investment implementation; and (iv) preparation of operations manuals. The sub-component is expected to result in 70 sub-project ideas, 35 pre-feasibility studies and 21 feasibility studies, with the expectation that detailed design or implementation of ten of these identified projects would be underway by the time the project closes. This sub-component will also support the development of an Investment Framework (IF) with agreed quality assurance standards and guidelines for planning, preparing, implementing and operating water investments. The IF is envisioned to become an overarching sector-wide instrument for enhancing the quality and speed of investment preparation, and consequently a critical element for Page 3 of 14 strengthening the pipeline of investment-ready projects. An initial IF – that guides investment preparation at the feasibility level – was developed under Public Disclosure Copy project preparation. The Ministry of Environment, Water and Natural Resources (MEWNR) tested it on investment proposals at advanced stages of preparation and rigorously applied it to the Lower Nzoia Irrigation Scheme Phase 1. It was found to be an extremely useful tool and to serve as a sound basis for progressive refinement and enhancement, including based on lessons learned and experience gained from is early application. This sub-component will finance the further development of the initial IF, including preparing detailed guidelines that are specific to water-sector investment types (e.g., irrigation versus multi-purpose dams) and extending the IF to include quality requirements at the pre-feasibility level. This sub-component will also support capacity building to ensure effective application of the IF, including the development of skills and tools for undertaking the technical, economic, financial, social, environmental and institutional analyses required for meeting it. The development of the IF will link closely with activities under sub-component 2.2 on basin planning given their complementarities. As investments move through the IF process, they will inform and be informed by the analytical and decision support tools developed under sub-component 2.2. Component 2: Effective Water Sector Institutions (US$ 56.3 million) Component 2 will support the current sector institutions, as well as the preparation, implementation and full functioning of the new and proposed legal and institutional framework resulting from alignments with the Constitution of Kenya 2010. It will also support integrated and participatory basin planning, including developing the requisite knowledge base and building capacity and institutional partnerships for effective water management and planning. The overall objective of this component will be to strengthen the enabling institutional and legal framework to sustainably advance Kenya’s vas t water sector investment program in order to achieve water security and climate resilience. To this end, Component 2 includes two sub-components: (i) support for water sector transition and reforms and (ii) strengthening water management and planning. Each sub- Public Disclosure Copy component is described below. Sub-Component 2.1: Support for Water Sector Reforms (US$ 26.1 million) This sub-component will support the current water sector institutions, as well as the preparation, implementation and full functioning of the new and proposed legal and institutional framework resulting from alignments with the Constitution of Kenya 2010. The objective of this support is to enhance the capacity of water sector institutions to effectively perform their mandates and functions, thereby contributing both to meeting project objectives and to improving the broader reform process. Support will be provided during the three stages of reforms in order to ensure an effective response to evolving challenges: (i) the pre reform stage, during which legal enactments will be designed and supporting legal and institutional instruments will be finalized, including administrative tools to guide the water sector transition; (ii) the reform stage, during which legislative changes will take place and transition plans will be implemented; and (iii) the post reform stage, during which the institutional and legal changes introduced by the reforms will be consolidated and strengthened and further institutional capacity built. This sub-component consists of the following main activities: (i) supporting institutional and legal reforms throughout design and early stages of implementation; (ii) supporting the legal and institutional transition process, including the implementation of the Water Sector Transition Plan; Page 4 of 14 and (iii) building the capacity of key water sector institutions. The first two activities are designed to provide support during the pre-reform and reform stages, respectively. The third activity will persist throughout all three stages of reforms. It is envisioned that audits or evaluations will be undertaken Public Disclosure Copy periodically to identify issues and put in place corrective measures for strengthening activity effectiveness. Sub-Component 2.2: Strengthening Water Management and Investment Planning (US$ 30.2 million) The objective of this sub-component is to improve the capacity and knowledge base for basin-level water resources management in Kenya, including integrated basin planning. The sub-component builds on the strengthened institutional and legal frameworks supported under sub-component 2.1 by focusing on the information, technical capacity, and participatory aspects of water resource planning that will contribute to the sustainability and climate resilience of Kenya’s water resources and associated investments. The sub-compon ent consists of three activities: (i) Water Resources Knowledge Base; (ii) Water Resources Planning and Allocation; and (iii) Institutional Capacity Strengthening and Partnerships. Component 3: Support to Project Implementation (US$ 15.2 million) In the uncertain and dynamic environment arising from the alignment of the water sector to the Constitution of Kenya 2010, it is essential that project implementation is based on an overall design and approach that ensures continuity, avoids unnecessary delays and cost increases in advancing project activities, and mitigates against the potentially harmful effects of gaps and issues that will inevitably emerge during the transition period and as the new institutional, legal and policy framework of the sector is put in place. For these reasons, a Project Management Unit (PMU) will be established to support MEWNR. This component will support the establishment of the PMU to provide for effective project implementation through the completion of the KWSCRP-1 and throughout the reform period (that is, prior to the launch of the reforms, during the transition, and during the post reform period). Specifically, this component will finance the required office space, Public Disclosure Copy goods (e.g., vehicles), equipment (e.g., computers), staff, consultant services, travel, training and operating costs that will allow the PMU to carry out its responsibilities for project implementation. These responsibilities include project management and coordination, procurement and financial management, project monitoring and evaluation (including impact evaluation), social and environmental safeguards management and oversight, and strategic project communications and outreach. A critical role of the PMU will be to support capacity building of sector agencies to enable them to take over these responsibilities (refer sub-component 2.1). Project Preparation Advance (US$ 3.0 million) A Project Preparation Advance (PPA) in the amount of US$ 2,965,000 was approved and signed in January 2012 to support preparatory activities for the project, including the preparation of core technical documents. Unallocated (US$ 3.67 million) An unallocated amount of US$ 3.67 million has been retained. 4. Project location and salient physical characteristics relevant to the safeguard analysis (if known) Page 5 of 14 The Lower Nzoia Irrigation Scheme Phase 1 is located in two counties in Western Kenya, namely Siaya and Busia, not far from the town of Kisumu. This public irrigation scheme would derive some water from the Nzoia River – which flows into Lake Victoria a bit further downstream. In total, 16 Public Disclosure Copy Sub-locations within 6 Locations in 3 Districts would benefit from the project. The project would have a gross command area of 5774.4 ha excluding swamp area and about 4000 ha in net command / cultivated area. The existing Bunyala Pump Irrigation Scheme that was developed in the late sixties and that has a net irrigable area of 213.7 ha (534.25 acre) is included within the project area. Overall, Nzoia is expected to have positive social benefits by improving the livelihoods of farmers through enhanced agricultural production. Based on the ESIA and preliminary findings of the RAP, the sub-project will also adversely affect a total of 60 structures, including 17 residential houses and 28 commercial units. About 1801 households residing on 924 farms will be affected by the acquisition of the 95.3 hectares of land needed for the sub-project. A RAP has been prepared consistent with the provisions of the RPF to mitigate these impacts. Social analysis carried out and detailed in the ESIA indicates that there are no indigenous groups/ vulnerable and marginalized groups living in the Lower Nzoia Irrigation Scheme area. 5. Environmental and Social Safeguards Specialists Zarafshan H. Khawaja (AFTCS) Helen Z. Shahriari (AFTCS) Hocine Chalal (AFTN1) Jane A. N. Kibbassa (AFTN3) 6. Safeguard Policies Triggered? Explanation (Optional) Environmental Assessment OP/ Yes An EIA and EMP have been developed for the BP 4.01 Lower Nzoia Irrigation Scheme Phase 1 detailing the mitigation measures required under this sub- Public Disclosure Copy investment. Additionally, as part of the preparation of an Investment Framework for the Water Sector being prepared by the project, MEWNR prepared an Environmental and Social Management Framework (ESMF) that will establish the environmental criteria for selecting investments, the detailed procedures for preparing the environmental assessments necessary for those investments, as well as the details of potential impacts and suggested mitigation measures for the kinds of activities envisaged by the project. As part of those procedures, MEWNR will be conducting prefeasibility and feasibility studies to prepare for water resources investment schemes for water supply, irrigation, flood control and small hydropower generation, etc. These prefeasibility and feasibility studies will Page 6 of 14 determine the extent of impacts that the identified projects may have on the environment. Relevant subsequent and more specific environmental and Public Disclosure Copy social impact assessments, including the corresponding management plans, will be undertaken for each specific investment, with TORs and deliverables reviewed by the Bank. Natural Habitats OP/BP 4.04 Yes Some of the wetlands in the project area may be affected by project activities and related infrastructure. For this reason, the Natural Habitats policy is triggered. The project will strive to retain the ecological functions of the wetlands, which include water purification, flood protection, habitat for aquatic animal and plant species. The ESMF includes guidance on mitigation measures. Forests OP/BP 4.36 No While the policy does not apply to the Nzoia Irrigation Scheme, as the investments being prepared under Component 1.2 could be located in forested areas, the forestry policy will be looked at during the preparation of the relevant safeguard documents for those investments. The forestry policy has also been considered in the preparation of the ESMF. Pest Management OP 4.09 Yes Although the project will not be financing pesticide, the Lower Nzoia Irrigation Scheme will involve use of different types of agrochemicals to Public Disclosure Copy control diseases and pests. The project will promote the use of integrated pest management approaches and seek to reduce reliance on synthetic chemical pesticides. An Integrated Pest Management Plan (IPMP) has been prepared to provide guidance on the pest and pesticide management under the Lower Nzoia Scheme. The IPMP provides guidance on assessment of environmental and health risks associated with the current or envisaged pesticide use and integration of specific measures to these risks in the project design. Additionally, an Integrated Pest Management Framework (IPMF) is being prepared that will establish the detailed procedures for preparing the pest management plans, if necessary, for those investments selected under the Investment Framework. Page 7 of 14 Physical Cultural Resources OP/ Yes Location of cultural heritage resources are not BP 4.11 yet fully known. The ESIA will address impacts on physical cultural resources and provide a Public Disclosure Copy cultural resources management plan, including “Chance Finds�. As the investments being prepared under Component 1.2 could be in areas with cultural heritage resources, this policy will be looked at during the preparation of the relevant safeguard documents for those investments. The policy has also been considered in the preparation of the ESMF. Indigenous Peoples OP/BP 4.10 Yes There are no Vulnerable or Marginalized Groups (VMG) in the Lower Nzoia Irrigation Scheme. However, since the project is also preparing an Investment Framework for the Water Sector, a Vulnerable and Marginalized Groups Framework (VMGF) was prepared in accordance to the World Bank’s Policy on Indigenous Peoples (OP 4.10). Involuntary Resettlement OP/BP Yes A Resettlement Action Plan (RAP) for the 4.12 Lower Nzoia Irrigation Scheme has been prepared. With respect to loss of assets, according to the RAP, in total 81 structures will be affected including 17 residential units and 28 commercial units. There are Approximately 1871 Public Disclosure Copy households (995 farms) will be affected and a total of about 135.3 hectares of land will be acquired. In addition, 564 vulnerable people are affected. The RAP, which was prepared in close consultation with the affected people from October 2010 - January 2012, and October - November 2012, provides a detailed plan on to how to mitigate these impacts and to ensure scheme sustainability and livelihoods benefits. As the project is also preparing an Investment Framework for the water sector, a Resettlement Policy Framework (RPF) was prepared based on the Kenyan laws and the OP 4.12. The RPF establishes the criteria for selecting investments, the detailed procedures and processes for preparing the investment specific Resentment Action Plans (RAPs) necessary for those investments, as well as the details of potential impacts and suggested mitigation measures. Once Page 8 of 14 investments are identified, feasibility studies will determine the extent of impacts on people and land. Public Disclosure Copy Safety of Dams OP/BP 4.37 No The Safety of Dams policy is not triggered by the Lower Nzoia Irrigation Scheme. Component 1.2 of the KWSCRP-1 is financing the appraisal level preparation of water sector investments in the MEWNR investment pipeline; therefore, the KWSCR Program could, in future, finance single and multipurpose dams and the Policy will be revisited for each successive project accordingly. Projects on International Yes The Lower Nzoia Irrigation Scheme is in the Waterways OP/BP 7.50 Lake Victoria Basin, which is part of the Nile River Basin; therefore, notification has been made to all Nile Riparians under the Projects on International Waterways Policy. Additionally, the Investment Framework for the Water Sector to be prepared under the project will outlines when notification in accordance with OP 7.50 is required. Projects in Disputed Areas OP/BP No 7.60 II. Key Safeguard Policy Issues and Their Management Public Disclosure Copy A. Summary of Key Safeguard Issues 1. Describe any safeguard issues and impacts associated with the Restructured project. Identify and describe any potential large scale, significant and/or irreversible impacts: The KWSCRP is expected to have positive benefits through investments that increase water storage for productive use and increase resilience to floods and droughts. However, water resources development investments including infrastructure for bulk water supply (dam and groundwater development), flood management, upstream catchment management, and downstream productive water uses (irrigation and water supply development) may result in adverse environmental and social impacts. Potential adverse impacts may include loss of land or structures, loss of critical habitats, interruption to migratory patterns, displacement of people, loss of access to areas for livelihood support and public safety issues. The selection process builds on Kenya’s legal framework for environmental management that is already in place and will underpin Project implementation. KWSCRP-1, which is financing the Lower Nzoia Irrigation Scheme (Phase 1), has been assigned an Environmental Assessment Category A. It triggers the following Safeguard Policies: Environmental Assessment OP/BP 4.01, Involuntary Settlement OP/BP 4.12, Pest Management OP/BP 4.09, Physical Cultural Resources OP/BP 4.04, Natural Habitats OP/BP 4.04, and Projects on International Waterways OP 7.50. Page 9 of 14 Safety of Dams (OP/BP 4.37) is not triggered for KWSCRP-1. It can be triggered later if there is a dam safety issue later on in the project (i.e. that dam construction is confirmed under Public Disclosure Copy KWSCRP-1). OP 4.37 may be relevant for pipeline investments prepared under Sub-Component 1.2 – if these pipeline investments are taken forward for implementation in subsequent operations under the KWSCRP program, OP/BP 4.37 will be triggered for those subsequent operations. A full Environment and Social Impact Assessment (ESIA), Resettlement Action Plan (RAP), and Integrated Pest Management Plan (IPMP) have been completed and disclosed prior to completion of project appraisal. Overall, the project is expected to have positive social benefits by improving the livelihoods of farmers through enhanced agricultural production. However, based on the RAP, the sub-project will also adversely affect a total of 80 – 82 structures, which include: 28 Commercial/business structures, 27 Residential structures, 17 Pit latrines, 2 Churches, 2 Fences/gates, and 4 Community and public structures. With respect to the amount of land, trees, crops, graves and community assets, the impacts are: - Land – 1,871 households will lose land and 995 farms will be affected. In total, 135.3 hectares will be acquired. - Trees – 108,988 trees will be removed. - Crops –Ksh. 2,154,163.8 worth of crops will be lost - Graves – Over 20 graves will be relocated - Community Asset - Diboro Community Well water project Social analysis carried out and detailed in the ESIA indicates that there are no indigenous groups/ vulnerable and marginalized groups living in the Lower Nzoia Irrigation Scheme area. 2. Describe any potential indirect and/or long term impacts due to anticipated future activities in the project area: Public Disclosure Copy KWSCRP-1 is also preparing an Investment Framework (IF) for Kenya’s Water Sector that will focus on long-term development of water resources, including large scale water storage for single and multi-purpose uses. As such, an Environmental and Social Management Framework (ESMF) has been prepared and will be further elaborated during implementation. The ESMF will be applied to guide the ESIA for each potential investment prepared under the IF. In view of the nature of the infrastructure to be considered under the IF, due consideration shall be put on the potential short and long term cumulative impacts of the proposed investments, such as dams that could be located in the same watershed. An Integrated Pest Management Framework (IPMF) has been prepared consistent with World Bank’s policy Pest Management (OP 4.09). The IPMF will guide the preparation of the individual IPMPs for those investments that may involve pest management. With respect to social safeguards for projects under the IF, a Resettlement Policy Framework (RPF), has been developed to guide the preparation of the individual RAPs for those investments. The main objective of the RPF is to ensure that investments are socially sustainable and comply with international best practice and GoK policies and legislation. Finally, a Vulnerable and Marginalized Groups Framework (VMGF) has been prepared consistent with World Bank’s policy on Indigenous Peoples (OP 4.10). The VMGF will guide the preparation of the individual Vulnerable and Marginalized Groups Plans (VMGP) for those investments that are located in areas where VMGs are present. Page 10 of 14 3. Describe any project alternatives (if relevant) considered to help avoid or minimize adverse impacts. Public Disclosure Copy 4. Describe measures taken by the borrower to address safeguard policy issues. Provide an assessment of borrower capacity to plan and implement the measures described. Lower Nzoia Irrigation Scheme (Phase 1): an ESIA and ESMP, as well as a RAP, have been prepared for the Lower Nzoia Irrigation Scheme. These documents explain the project’s environmental and social impacts and provide detailed mitigation measure to ensure sustainability and compliance with GoK’s regulations and legislations, as well as with World Bank social and environmental policies. According to the ESIA/ESMP and the RAP, over 20,000 people will benefit directly from the Nzoia project and another 50,000 will benefit indirectly. Some of the main problems facing the farmers in this area include frequent flooding, crop loss, high poverty rates, and poor infrastructure. Lack of irrigation for improving agricultural production and food security is noted as one of the main constraints facing farmers in the project area. Negative impacts include land acquisition and impact on livelihoods, mainly for those who rely on the river for their livelihoods such as fishermen and sand harvesters. In addition, possible negative impact on vulnerable people and landless, and those using the river for households needs, mainly women. With respect to loss of assets, according to the preliminary RAP, in total 80-82 structures will be affected including 27 residential units and 28 commercial units. There are Approximately 1,871 households (995 farms) will be affected and a total of about 135.3 hectares of land will be acquired. In addition, 564 vulnerable people are affected. The ESMP and RAP, which was prepared in close consultation with the affected people, provides a detailed plan on to how to mitigate these impacts and to ensure scheme sustainability and livelihoods benefits. Mitigation measures to address the negative impacts i.e., sufficient environmental flows for the downstream users, detailed measures for acquisition of land and assets to ensure that the affected people will not be worse off as a result of the project and ideally improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-project levels; livelihood restoration measures; assistance to the vulnerable people; provision of water points for household use and Public Disclosure Copy livestock, among others. It should be noted the power of land acquisition under the new Land Act 2012 is given to the National Land Commission (NLC). At the time of the preparation of KWSCRP-1, the NLC has not been constituted due to an ongoing judicial process. This means that the procedures of land acquisitions for Nzoia, the first investment under KWSCRP-1 cannot be implemented without special exceptions. Since the power of land acquisition is vested in the Government of Kenya (and delegated by legislation to the NLC), the government can lawfully make variations to the law. In this case, the NIB will request special Cabinet approval for special legislation to be brought to Parliament for enactment in order to temporarily vest land acquisition powers to another state agency. However, since land reform is very important to Kenya, it is unlikely that the impasse surrounding constitution of the NLC will last till the project is effective. This issue has been clearly stated in both RPF and the Nzoia RAP. According to the ESIA and RAP there are no indigenous groups living in the area of this project and, as a result, no VMGP was prepared. Training programs will target capacity issues related to the implementation of the social and environmental management plan and the resettlement plan. The World Bank team has been working closely with the safeguards team preparing the above documents to ensure they comply Page 11 of 14 with the relevant World Bank polices and will carry out close, field-based implementation support and supervision. Public Disclosure Copy The PMU constituted under Component 3 will have core roles in fiduciary (procurement and financial management) aspects, environmental and social safeguards supervision, management and coordination, reporting, monitoring and evaluation. The PMU, that would include social and environmental safeguards specialists, and will be responsible for ensuring the application of social and environmental frameworks (ESMF, VMGF and RPF) and supervising the implementation of safeguards instruments. 5. Identify the key stakeholders and describe the mechanisms for consultation and disclosure on safeguard policies, with an emphasis on potentially affected people. Potential stakeholders are found at national, regional and catchment levels, including WRUAs, farmers, municipalities, county governments, national ministries, civil society, and others. The ESMF details the stakeholder consultation process for the selection and implementation of future investments under the IF. B. Disclosure Requirements Environmental Assessment/Audit/Management Plan/Other Was the document disclosed prior to appraisal? Date of receipt by the Bank 31-Jan-2013 Date of submission to InfoShop 01-Feb-2013 For category A projects, date of distributing the Executive 19-Mar-2013 Summary of the EA to the Executive Directors "In country" Disclosure Kenya 13-Feb-2013 Comments: Public Disclosure Copy Resettlement Action Plan/Framework/Policy Process Was the document disclosed prior to appraisal? Date of receipt by the Bank 12-Feb-2013 Date of submission to InfoShop 13-Feb-2013 "In country" Disclosure Kenya 13-Feb-2013 Comments: Indigenous Peoples Development Plan/Framework Was the document disclosed prior to appraisal? Date of receipt by the Bank 12-Feb-2013 Date of submission to InfoShop 13-Feb-2013 "In country" Disclosure Kenya 13-Feb-2013 Comments: Pest Management Plan Was the document disclosed prior to appraisal? Yes Date of receipt by the Bank 12-Feb-2013 Page 12 of 14 Date of submission to InfoShop 13-Feb-2013 "In country" Disclosure Kenya 13-Feb-2013 Public Disclosure Copy Comments: If the project triggers the Pest Management and/or Physical Cultural Resources policies, the respective issues are to be addressed and disclosed as part of the Environmental Assessment/ Audit/or EMP. If in-country disclosure of any of the above documents is not expected, please explain why: C. Compliance Monitoring Indicators at the Corporate Level OP/BP/GP 4.01 - Environment Assessment Does the project require a stand-alone EA (including EMP) Yes [ ] No [ ] NA [ ] report? If yes, then did the Regional Environment Unit or Sector Yes [ ] No [ ] NA [ ] Manager (SM) review and approve the EA report? Are the cost and the accountabilities for the EMP incorporated Yes [ ] No [ ] NA [ ] in the credit/loan? OP/BP 4.04 - Natural Habitats Would the project result in any significant conversion or Yes [ ] No [ ] NA [ ] degradation of critical natural habitats? If the project would result in significant conversion or Yes [ ] No [ ] NA [ ] degradation of other (non-critical) natural habitats, does the project include mitigation measures acceptable to the Bank? OP 4.09 - Pest Management Public Disclosure Copy Does the EA adequately address the pest management issues? Yes [ ] No [ ] NA [ ] Is a separate PMP required? Yes [ ] No [ ] NA [ ] If yes, has the PMP been reviewed and approved by a Yes [ ] No [ ] NA [ ] safeguards specialist or SM? Are PMP requirements included in project design?If yes, does the project team include a Pest Management Specialist? OP/BP 4.11 - Physical Cultural Resources Does the EA include adequate measures related to cultural Yes [ ] No [ ] NA [ ] property? Does the credit/loan incorporate mechanisms to mitigate the Yes [ ] No [ ] NA [ ] potential adverse impacts on cultural property? OP/BP 4.10 - Indigenous Peoples Has a separate Indigenous Peoples Plan/Planning Framework Yes [ ] No [ ] NA [ ] (as appropriate) been prepared in consultation with affected Indigenous Peoples? If yes, then did the Regional unit responsible for safeguards or Yes [ ] No [ ] NA [ ] Sector Manager review the plan? Page 13 of 14 If the whole project is designed to benefit IP, has the design Yes [ ] No [ ] NA [ ] been reviewed and approved by the Regional Social Public Disclosure Copy Development Unit or Sector Manager? OP/BP 4.12 - Involuntary Resettlement Has a resettlement plan/abbreviated plan/policy framework/ Yes [ ] No [ ] NA [ ] process framework (as appropriate) been prepared? If yes, then did the Regional unit responsible for safeguards or Yes [ ] No [ ] NA [ ] Sector Manager review the plan? OP 7.50 - Projects on International Waterways Have the other riparians been notified of the project? Yes [ ] No [ ] NA [ ] If the project falls under one of the exceptions to the Yes [ ] No [ ] NA [ ] notification requirement, has this been cleared with the Legal Department, and the memo to the RVP prepared and sent? Has the RVP approved such an exception? Yes [ ] No [ ] NA [ ] The World Bank Policy on Disclosure of Information Have relevant safeguard policies documents been sent to the Yes [ ] No [ ] NA [ ] World Bank's Infoshop? Have relevant documents been disclosed in-country in a public Yes [ ] No [ ] NA [ ] place in a form and language that are understandable and accessible to project-affected groups and local NGOs? All Safeguard Policies Have satisfactory calendar, budget and clear institutional Yes [ ] No [ ] NA [ ] responsibilities been prepared for the implementation of measures related to safeguard policies? Public Disclosure Copy Have costs related to safeguard policy measures been included Yes [ ] No [ ] NA [ ] in the project cost? Does the Monitoring and Evaluation system of the project Yes [ ] No [ ] NA [ ] include the monitoring of safeguard impacts and measures related to safeguard policies? Have satisfactory implementation arrangements been agreed Yes [ ] No [ ] NA [ ] with the borrower and the same been adequately reflected in the project legal documents? III. APPROVALS Task Team Leader: Gustavo Saltiel Approved By Regional Safeguards Name: Alexandra C. Bezeredi (RSA) Date: 08-May-2013 Advisor: Sector Manager: Name: Magdolna Lovei (SM) Date: 13-May-2013 Page 14 of 14