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22 U.S.C. § 262lEnvironmental reform measures and remedial measures; Committee on Health and the Environment

submitted 40 years ago by Pub. L. 99-500 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,517 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury and State Departments must push multilateral development banks to protect the environment and indigenous peoples. They must add trained staff, review projects, and report to Congress each year. Agencies must also study environmental impacts of bank projects in advance.

(a) Environmental reform measures; instructions to Executive Directors of Multilateral Development Banks The Secretary of the Treasury must instruct the U.S. Executive Directors of the Multilateral Development Banks to push for the following: (1) Push the banks to hire trained ecology staff, strengthen existing environmental staff, and give staff career incentives to build environmental and natural-resource concerns into their project planning. (2) Push the banks to involve environment and health officials, non-governmental indigenous and conservation groups, and local communities early and often in planning environmentally sensitive projects, so people who might be hurt by a project can take part in planning it before it is approved. (3) Set up a regular, multi-discipline process for reviewing how land will be used before approving loans, including a review of other resource use in and near the project area. (4) Push the banks to develop and carry out plans to rehabilitate and manage borrower countries' ecological resources — especially soil, wildlife, wetlands, estuaries, croplands, grasslands, forests, and fisheries — through long-term research programs, enough field staff like park rangers and forestry experts, and better training in environmental science and land-use planning. (5) Push the banks to devote a bigger share of their programs to environmentally beneficial projects, such as technical assistance for environment ministries, resource rehabilitation, protecting indigenous peoples, and small-scale, low-tech projects like mixed farming, agroforestry, kitchen gardens, watershed management, pest management, dune stabilization, energy efficiency, small hydro and solar systems, rural telecommunications, and better irrigation management. (6) Push borrower nations to use energy and resources more efficiently, by putting more energy lending into efficiency improvements and small decentralized power sources like solar, wind, or biomass, and by comparing the cost of new power plants against the cost of efficiency improvements. (7) Push the banks to fund projects that protect crucial wetlands and avoid funding projects that would convert major wetland systems, and require detailed impact studies for projects that might harm fisheries, wildlife, or other important resources in these areas. (8) Push for a training component within the World Bank's Economic Development Institute for environmental and natural-resource planning. (9) Regularly raise the banks' environmental progress, focused on these measures, at meetings of the banks' Boards of Directors. (10) Require at least a four-week gap between when staff give the board their project recommendations and when the board votes on the project. (b) Joint evaluation of potential environmental problems and remedial measures The Secretaries of the Treasury and State, and the head of the Agency for International Development, must jointly run a thorough U.S. government evaluation of environmental problems — and whether measures to address them are adequate — for proposed loans involving: large dams on rivers in tropical countries; roads into undeveloped areas; and agricultural and rural development programs. The evaluation must cover water-quality decline, silt buildup, waterborne disease, forced resettlement, deforestation, threats to indigenous peoples' land, health, and culture, wetlands disruption, topsoil and irrigation problems like waterlogging and salt buildup, and pesticide misuse and resistance. (c) Additional initiatives The Secretaries of the Treasury and State must regularly pursue diplomatic efforts — beyond those in subsection (a)(5) — to discuss improving the banks' environmental performance with the banks' representatives and the government ministries that instruct them. They must work with both borrower and donor countries to make sure the reforms above are actually carried out together. (d) Special meetings of Boards of Governors The Secretaries of the Treasury and State must formally propose that each Multilateral Development Bank's Board of Governors hold a special meeting within the next 12 months, focused on environmental performance and protecting the environment and indigenous peoples. (e) Reporting requirements generally By January 15, 1987, and every year after, the Secretary of the Treasury must send the Appropriations Committees a report on the banks' progress in carrying out the environmental reforms listed in subsection (a)(1) through (8). (f) Reporting requirements respecting environmental staffing In that report, when discussing the staffing measures from subsection (a)(1)(A), the Secretary of the Treasury must specifically address the International Bank for Reconstruction and Development's progress in adding environmentally trained staff to each of its six regional offices, to review projects for ecological impact. (g) Duties of Administrator of Agency for International Development The Administrator of the Agency for International Development, working with the Secretaries of the Treasury and State, must: (1) Instruct overseas AID missions and U.S. embassies to study the impacts of proposed Multilateral Development Bank projects well before the bank approves them — covering the project's economic viability, harm to the environment, natural resources, and indigenous peoples, and ways to eliminate or reduce that harm — and make this information public unless it is classified for national security. (2) In preparing these reviews, compile a list of project categories likely to harm the environment, natural resources, or indigenous peoples, developed with public input, and give it to the Appropriations Committee by December 31, 1986, and every six months after that. (3) Study whether a cooperative "early warning system" for concerning projects could be created with other interested donor countries. (h) Adverse impacts to environment, natural resources, or indigenous peoples; instructions to Executive Director of Multilateral Development Bank If a review under subsection (g)(1) finds a project would harm the environment, natural resources, or indigenous peoples, the Secretary of the Treasury must instruct the U.S. Executive Director of that bank to seek changes to the project that eliminate or reduce the harm. (i) Committee on Health and the Environment The Administrator of the Agency for International Development must appoint a Committee on Health and the Environment. It will look for ways to help countries properly use farm and industrial chemicals, and consider alternatives like integrated pest management. The committee must broadly represent industry, agriculture, labor, health, and environmental interests, and report preliminary findings to Congress before hearings on the fiscal year 1988 budget.
the actual law source: uscode.house.gov ↗public domain
(a) Environmental reform measures; instructions to Executive Directors of Multilateral Development Banks

The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks to—

(1)

vigorously promote a commitment of these institutions to—

(A)

add professionally trained staff with experience in ecology and related areas to undertake environmental review of projects, and strengthen existing staff exercising environmental responsibilities;

(B)

develop and implement management plans to ensure systematic and thorough environmental review of all projects and activities affecting the ecology and natural resources of borrowing countries, including—

(i)

creation of a line unit to carry out such reviews as part of the normal project cycle,

(ii)

appointment of an environmental advisor to the Presidents of the Multilateral Development Banks,

(iii)

institution of a regular program of monitoring all ongoing projects to ensure that contract conditions and general bank policies to protect the environment and indigenous peoples are fully complied with;

(C)

create career and other institutional incentives for all professionally trained bank staff to incorporate environmental and natural resources concerns into project planning and country programming activities;

(2)

vigorously promote changes in these institutions in their preparation of projects and country programs that will prompt staff and encourage borrower countries to—

(A)

actively and regularly involve environmental and health ministers, or comparable representatives, at the national, regional and local level, in the preparation of environmentally sensitive projects and in bank-supported country program planning and strategy sessions;

(B)

actively and regularly seek the participation of non-governmental indigenous peoples and conservation organizations in the host countries at all stages of project planning and strategy sessions;

(C)

fully inform local communities and appropriate non-governmental organizations with interests in local development projects of all project planning sufficiently in advance of project appraisal to allow informed participation of local communities and non-governmental organizations that may be adversely affected by them;

(3)

establish a regular integrated multidisciplinary planning process to conduct land use capability analyses in reviewing potential loans. Such plans shall include, but not be limited to, a review of ongoing or other potential resource utilization efforts in and adjacent to the project area;

(4)

vigorously promote a commitment of these institutions to develop and implement plans for the rehabilitation and management of the ecological resources of borrower nations on a sustained basis. Special attention shall be paid to soil conservation, wildlife, wetlands, estuaries, croplands, grasslands, forests, and fisheries, including—

(A)

long-term programs of research designed to manage ecosystems properly;

(B)

provision of adequate extension workers, park rangers, social forestry experts, and other appropriate personnel; and

(C)

improved programs of training in environmental science and land-use planning;

(5)

vigorously promote a commitment of these institutions to increase the proportion of their programs supporting environmentally beneficial projects and project components, such as technical assistance for environmental ministries and institutions, resource rehabilitation projects and project components, protection of indigenous peoples, and appropriate light capital technology projects. Other examples of such projects include small scale mixed farming and multiple cropping, agroforestry, programs to promote kitchen gardens, watershed management and rehabilitation, high yield wood lots, integrated pest management systems, dune stabilization programs, programs to improve energy efficiency, energy efficient technologies such as small scale hydro projects, rural solar energy systems, and rural and mobile telecommunications systems, and improved efficiency and management of irrigation systems.1

(6)

place an increased emphasis on upgrading the efficient use of energy and other resources by borrower nations. Such efforts shall include, but not be limited to—

(A)

significantly increasing the proportion of energy project lending for energy efficiency improvements, and decentralized small scale facilities such as solar, wind, or biomass generating facilities; and

(B)

conducting an analysis of the comparative costs of any new energy generating facilities with the cost of increasing the energy efficiency in the project service area;

(7)

seek a commitment of these institutions to fund projects to protect and preserve crucial wetland systems and to avoid expenditures for projects designed to convert major wetland systems. Development proposals which may affect these areas should be the subject of detailed impact assessments so as to avoid detrimental impacts to fisheries, wildlife and other important resources;

(8)

vigorously promote the establishment within the Economic Development Institute of the World Bank of a component which provides training in environmental and natural resource planning and program development;

(9)

regularly raise, at meetings of the Boards of Directors of these institutions, the issue of their progress in improving their environmental performance, with specific focus on the measures set forth above; and

(10)

require at least a four week project review period between the time when staff recommendations are presented to the board and board action on any projects.

(b) Joint evaluation of potential environmental problems and remedial measures

The Secretaries of Treasury and State, and the Administrator of the Agency for International Development, shall ensure and coordinate a thorough evaluation within the United States Government of the potential environmental problems, and the adequacy of measures to address these problems, associated with all proposed loans for projects involving large impoundments of rivers in tropical countries; penetration roads into relatively undeveloped areas; and agricultural and rural development programs. The potential environmental problems to be addressed in such evaluations shall include those relating to deterioration of water quality; siltation; spread of waterborne diseases; forced resettlement; deforestation; threats to the land, health and culture of indigenous peoples; wetlands disruption; topsoil management, water logging and salinization in irrigation projects; and pesticide misuse and resistance.

(c) Additional initiatives

The Secretary of the Treasury and the Secretary of State shall regularly undertake and continue diplomatic and other initiatives, in addition to those mentioned in subsection (a)(5), to discuss measures to improve the environmental performance of the Multilateral Development Banks with the representatives to these institutions, and with ministries from which they receive their instructions, of borrower and donor nations. In particular, joint efforts shall be undertaken with borrowers and donors to ensure cooperative implementation of the reforms described above.

(d) Special meetings of Boards of Governors

The Secretary of the Treasury and the Secretary of State shall propose formally that the Boards of Governors of each Multilateral Development Bank hold a special meeting within the next twelve months, focused specifically on environmental performance and better implementation of multilateral development policies designed to protect the environment and indigenous peoples.

(e) Reporting requirements generally

The Secretary of the Treasury shall prepare and submit to the Committees on Appropriations by January 15, 1987, and annually thereafter, a report documenting the progress the Multilateral Development Banks have made in implementing the environmental reform measures described in paragraphs one through eight of subsection (a).

(f) Reporting requirements respecting environmental staffing

In the report of the Secretary of the Treasury required by subsection (e), regarding the implementation of staffing measures suggested in subsection (a)(1)(A), the Secretary of the Treasury shall specifically discuss the progress of the International Bank for Reconstruction and Development in upgrading and adding environmentally trained professionals to each of its six regional offices to review projects for their prospective ecological impacts.

(g) Duties of Administrator of Agency for International Development

The Administrator of the Agency for International Development in conjunction with the Secretaries of Treasury and State shall—

(1)

instruct overseas missions of the Agency for International Development and embassies of the United States to analyze the impacts of Multilateral Development Bank projects proposed to be undertaken in the host country well in advance of a project’s approval by the relevant institution. Such reviews shall address the economic viability of the project; adverse impacts on the environment, natural resources, and indigenous peoples; and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts. If not classified under the national security system of classification, such information shall be made available to the public;

(2)

in preparation of reviews required by subsection (g)(1), compile a list of categories of projects likely to have adverse impacts on the environment, natural resources, or indigenous peoples. The list shall be developed in consultation with interested members of the public and made available to the Committee on Appropriations by December 31, 1986 and semiannually thereafter; and

(3)

study the feasibility of creating a cooperative “early warning system” for projects of concern with other interested donors.

(h) Adverse impacts to environment, natural resources, or indigenous peoples; instructions to Executive Director of Multilateral Development Bank

If a review required by subsection (g)(1) identifies adverse impacts to the environment, natural resources, or indigenous peoples, the Secretary of the Treasury shall instruct the United States Executive Director of the Multilateral Development Bank to seek changes to the project necessary to eliminate or mitigate those impacts.

(i) Committee on Health and the Environment

The Administrator of the Agency for International Development shall appoint a Committee on Health and the Environment to examine opportunities for assisting countries in the proper use of agricultural and industrial chemicals and processes and alternatives such as integrated pest management. The committee shall be broadly representative of industry, agriculture, labor, health and environmental interests and shall report its preliminary findings to Congress before hearings on the fiscal year 1988 budget.

Source credit: (Pub. L. 99–500, § 101(f) [title V, § 539], Oct. 18, 1986, 100 Stat. 1783–213, 1783–232, and Pub. L. 99–591, § 101(f) [title V, § 539], Oct. 30, 1986, 100 Stat. 3341–214, 3341–232.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-500 · 100 Stat. 1783

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-500 on 1986-10-18.

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