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22 U.S.C. § 262l–1Sustainable economic growth and management of natural resources; environmental impact of loans; pest management; addition of trained professionals; “early warning system”

submitted 39 years ago by Pub. L. 100-202 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,348 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. policy ties participation in development banks to promoting sustainable growth and natural-resource management. Treasury must push banks to add environmental staff, involve local communities, and fund green projects. The law also sets up an "early warning system" to flag harmful loans in advance.

(a) Implementation of programs to promote sustainable economic growth and management of natural resources; instructions to Executive Directors of Multilateral Development Banks It is U.S. policy that taking part in international financial institutions depends on those institutions running programs for environmentally sustainable growth and sustainable natural-resource management. The Secretary of the Treasury must instruct the U.S. Executive Directors of the Multilateral Development Banks (MDBs) to keep pushing the banks to: (1) Add trained professional staff and strengthen existing staff training in ecology and related fields. (2) Develop and carry out plans for systematic environmental review of all projects. (3) Fully inform and involve host-country environmental and health officials, and non-governmental environmental and indigenous-peoples groups, at every stage of environmentally sensitive projects and policy-based lending, so local communities and non-governmental organizations can take part in planning projects that might hurt them. (4) Substantially increase lending for environmentally beneficial projects — such as technical assistance to environment ministries, resource rehabilitation, protecting indigenous peoples, and small-scale, low-tech projects like mixed farming, agroforestry, kitchen gardens, watershed management, high-yield wood lots, integrated pest management, dune stabilization, energy efficiency, small hydro, solar, wind and biomass energy, rural telecommunications, and better irrigation management. (5) Compare the cost of new power plants against the cost of improving energy efficiency in the project area. (b) Environmental impact of loans; instructions to Executive Directors The Secretary of the Treasury must instruct the U.S. Executive Directors of the MDBs, and, where appropriate, of the International Monetary Fund (IMF), to: (1) Push for all country lending strategies, policy-based loans, and adjustment programs to analyze their impact on natural resources, sustainable development, and legal protections for indigenous peoples' land rights. (2) Push for policy-based lending programs that improve natural-resource management, environmental quality, and protection of biological diversity. (3) Push the banks to commit to conserving wetlands, tropical forests, and other unique, highly productive ecosystems. (c) Repealed. This subsection was repealed by Public Law 101–240, title V, section 541(d)(8), on December 19, 1989. (d) Pest management To promote farming that doesn't depend heavily on chemicals, the Secretary of the Treasury must instruct the U.S. Executive Directors of the MDBs to propose to other bank directors that integrated pest management and biological pest control become the preferred, priority approach on all bank-funded agricultural projects. (e) Instructions to Executive Director to IMF The Secretary of the Treasury must instruct the U.S. Executive Director at the IMF to push the IMF to deeply analyze how its adjustment policies and lending conditions affect the environment, public health, natural resources, and indigenous people. (f) Support of donor nations for additional trained professionals By March 30, 1988, the Secretary of State and the Administrator of the Agency for International Development must start talks with other donor nations about helping add environmental and socio-cultural impact staff to the Inter-American Development Bank, Asian Development Bank, and African Development Bank. Based on those talks, they must provide resources — including loaned staff and financial support — to help add enough trained staff to each of those regional banks. (g) Bilateral and multilateral discussions to strengthen environmental performance of Multilateral Development Banks The Secretaries of the Treasury and State, working with the Administrator of the Agency for International Development, must hold bilateral and multilateral talks with other MDB members to further improve each bank's environmental performance. These talks must cover organizational, administrative, and procedural changes needed to manage assistance programs that protect and sustainably use natural resources, done in consultation with affected local communities. (h) Operation of "early warning system" The Administrator of the Agency for International Development, working with the Secretaries of the Treasury and State, must keep running and improve the "early warning system" by: (1) Instructing overseas AID missions and U.S. embassies to study the impacts of Multilateral Development Bank loans well before approval — covering economic viability, harm to the environment, natural resources, public health, and indigenous peoples, and ways to fix that harm — and making it public unless classified for national security. (2) Compiling a list of proposed Multilateral Development Bank loans likely to cause such harm, updated with public input, and given to the Appropriations Committees by April 1, 1988, and every six months after. (3) Creating a way to share the early-warning information with interested donor and borrowing nations, and encouraging the banks to build a similar system themselves. (i) Adverse impacts to environment, natural resources, or indigenous peoples; instructions to Executive Director of appropriate Multilateral Development Bank If a review under subsection (h) finds harm to 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 that eliminate or reduce the harm. (j) Report by February 1, 1988 The Committee on Health and Environment of the Agency for International Development, created under section 262l(i) of this title, must report its findings to the Appropriations Committees by February 1, 1988. (k) Report by August 1, 1988 The Secretary of State, working with the Secretary of the Treasury, the Administrator of the Agency for International Development, other federal agencies, and the public, must prepare and give the Appropriations Committees and relevant authorizing committees a report by August 1, 1988. It must lay out a comprehensive strategy for using U.S. foreign assistance — through both multilateral and bilateral agencies — to address problems like desertification, tropical deforestation, wetland loss, soil erosion, wildlife and biodiversity loss, and harm to estuaries, fisheries, croplands, and grasslands. The report must include: (1) A list of the multilateral and bilateral agencies the U.S. funds, in part or in full, whose work significantly affects sustainable natural-resource use and the rights and welfare of indigenous people in developing countries. (2) A description of each agency's internal policies, procedures, and organizational structure for handling these issues. (3) An assessment of how the U.S. money given to these agencies can best be used in the future to address these problems.
the actual law source: uscode.house.gov ↗public domain
(a) Implementation of programs to promote sustainable economic growth and management of natural resources; instructions to Executive Directors of Multilateral Development Banks

It is the policy of the United States that participation in international financial institutions is predicated on the implementation of programs to promote environmentally sustainable economic growth and sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Directors of the Multilateral Development Banks (MDB’s) to continue to vigorously promote a commitment of these institutions to—

(1)

add appropriately trained professional staff with expertise, and rigorously strengthen existing staffs’ training in ecology and related areas;

(2)

develop and implement management plans to ensure systematic environmental review of all projects;

(3)

fully inform and involve host country environmental and health officials (Federal and local) and nongovernmental environmental and indigenous peoples organizations at all stages of the project cycle in environmentally sensitive projects as well as in policy based lending to ensure the active participation of local communities and non-governmental organizations in the planning of projects that may adversely affect them;

(4)

substantially increase the proportion of lending supporting environmentally beneficial projects and project components, including but not limited to 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, solar, wind and biomass energy systems, rural and mobile telecommunications systems, and improved efficiency and management of irrigation systems; and

(5)

conduct analyses of the comparative costs of new generating facilities with the cost of increasing energy efficiency in the project service area.

(b) Environmental impact of loans; instructions to Executive Directors

The Secretary of the Treasury shall instruct the United States Executive Directors of the MDB’s and, where appropriate, the International Monetary Fund (IMF) to—

(1)

promote the requirement that all country lending strategies, policy based loans and adjustment programs contain analyses of the impact of such activities on the natural resources, potential for sustainable development, and legal protections for the land rights of indigenous peoples;

(2)

promote the establishment of programs of policy-based lending in order to improve natural resource management, environmental quality, and protection of biological diversity;

(3)

seek a commitment of these institutions to promote the conservation of wetlands, tropical forests, and other unique biological and highly productive ecosystems.

(c) Repealed. Pub. L. 101–240, title V, § 541(d)(8), Dec. 19, 1989, 103 Stat. 2518

(d) Pest management

In order to promote sustainable and non-chemical dependent agriculture, the Secretary of the Treasury shall instruct the United States Executive Directors of the MDB’s to initiate discussions with other directors of the MDB’s to propose that policies be established that integrated pest management and biological control of pests be a preferential and priority approach to pest management on all bank sponsored agricultural projects.

(e) Instructions to Executive Director to IMF

The Secretary of the Treasury shall instruct the United States Executive Director to the International Monetary Fund to promote the requirement that the IMF conduct an in-depth analysis of the impact of its adjustment policies and conditionality of its lending facilities on the environment, public health, natural resources and indigenous people.

(f) Support of donor nations for additional trained professionals

No later than March 30, 1988, the Secretary of State and the Administrator of the Agency for International Development shall initiate discussions with other donor nations, to explore ways in which said donor nations can support the addition of professionals trained in environmental and socio-cultural impact analysis to the Inter-American Development Bank, Asian Development Bank and African Development Bank. On the basis of such discussions the Secretary of State and the Administrator of the Agency for International Development shall provide resources, including professional staff on loan, and/or financial support, to ensure with other donor nations the addition of sufficient staff trained in environmental and socio-cultural impact analysis to each of the above named regional development banks.

(g) Bilateral and multilateral discussions to strengthen environmental performance of Multilateral Development Banks

The Secretary of the Treasury and the Secretary of State, in cooperation with the Administrator of the Agency for International Development, shall conduct bilateral and multilateral discussions with other members of the MDB’s to further strengthen the environmental performance of each bank. These discussions shall include, but not be limited to organizational, administrative and procedural arrangements to remove impediments to the efficient and effective management of assistance programs necessary to protect and ensure the sustainable use of natural resources and to carry out such assistance programs in consultation with affected local communities.

(h) Operation of “early warning system”

The Administrator of the Agency for International Development, in consultation with the Secretaries of Treasury and State, shall continue, and work to enhance, the operation of the “early warning system”, by—

(1)

instructing overseas missions of the Agency for International Development and embassies of the United States to analyze the impacts of Multilateral Development Bank loans well in advance of a loan’s approval. Such reviews shall address the economic viability of the project; adverse impacts on the environment, natural resources, public health, 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)

compiling a list of proposed Multilateral Development Bank loans likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The list shall contain the information identified in paragraph (1), shall be updated in consultation with interested members of the public, and shall be made available to the Committees on Appropriations by April 1, 1988 and semiannually thereafter; and

(3)

creating a cooperative mechanism for sharing information collected through the “early warning system” with interested donor and borrowing nations and encouraging the Multilateral Development Banks to institute a similar system.

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

If a review required by subsection (h) 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 appropriate MDB to seek changes to the project necessary to eliminate or mitigate those impacts.

(j) Report by February 1, 1988

The Committee on Health and Environment of the Agency for International Development, called for in section 262l(i) of this title, shall report its findings to the Committees on Appropriations by February 1, 1988.

(k) Report by August 1, 1988

The Secretary of State, in consultation with the Secretary of the Treasury, the Administrator of the Agency for International Development, other appropriate Federal agencies, and interested members of the public, shall prepare and submit to the Committees on Appropriations and the appropriate authorizing committees by August 1, 1988, a report on a comprehensive strategy for maximizing the use of foreign assistance provided by the United States through multilateral and bilateral development agencies to address natural resources problems, such as desertification, tropical deforestation, the loss of wetlands, soil conservation, preservation of wildlife and biological diversity, estuaries and fisheries, croplands and grasslands. The report shall include, but not be limited to—

(1)

an identification of the multilateral and bilateral agencies funded in part or in whole by the United States Government, whose activities have, or could have, a significant impact on sustainable natural resource use, and the rights and welfare of indigenous people, in the developing countries;

(2)

a description of the internal policies and procedures by which each of these agencies addresses these issues, as well as a description of their own organizational structures for doing so;

(3)

an assessment of how the funds contributed by the United States to these agencies can best be used in the future to address these issues.

Source credit: (Pub. L. 100–202, § 101(e) [title V, § 537], Dec. 22, 1987, 101 Stat. 1329–131, 1329–161; Pub. L. 101–240, title V, § 541(d)(8), Dec. 19, 1989, 103 Stat. 2518.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 100-202 · 101 Stat. 1329
  • 1989Amended · Pub. L. 101-240 · 103 Stat. 2518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-202 on 1987-12-22.

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