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22 U.S.C. § 262l–3Environmental and energy initiatives; benchmarks; Global Warming Initiative; appropriations

submitted 34 years ago by Pub. L. 102-391 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,598 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. policy ties economic growth to sustainable resource management at development banks. Treasury must set and track environmental benchmarks for energy, forests, displaced people, and impact reviews. The law also earmarks specific funding amounts for environment, energy, and biodiversity programs.

(a) Instructions to Executive Directors of Multilateral Development Banks It is U.S. policy that sustainable growth must be based on sustainably managing natural resources. The Secretary of the Treasury must instruct the U.S. Executive Director of each multilateral development bank (MDB) to keep strongly promoting the environmental and energy initiatives set out in section 533(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513). The Secretary of the Treasury, working with the Secretary of State, must also hold direct bilateral talks with officials from Organization for Economic Cooperation and Development member governments, aiming to build broader international support for the environmental goals in subsection (d). The Secretary of the Treasury must report to the Appropriations Committees by March 1, 1993, on the progress of these talks. (b) Report to Congress By March 1, 1993, the Secretary of the Treasury must report to Congress with the same information required under section 533(b) of Public Law 101–513. (c) Improved environmental performance; benchmarks (1) To carry out the policies in section 533(a) of Public Law 101–513 and section 1308 of the International Development and Finance Act of 1989 (Public Law 101–240), and to better measure the MDBs' progress on the environment, the Secretary of the Treasury must instruct the U.S. Executive Directors of the MDBs to encourage each MDB to meet, at minimum, the benchmarks below in four areas: sustainable energy development, forest conservation, forced displacement of populations, and environmental impact assessment. On March 1, 1993, and March 1, 1994, the Secretary of the Treasury must report to Congress in detail on the MDBs' progress toward these benchmarks. (2) The benchmarks are: (A) Sustainable energy development — All energy-sector loans should be based on, or help build, "least-cost" integrated resource plans that study energy-efficiency options and renewable-energy alternatives and reflect the real environmental costs of proposed energy projects. A large share of energy, industry, and transportation loans and grants should go toward end-use energy efficiency and non-conventional renewable energy. Every unit within the MDBs should create management-level staff positions for efficiency and renewable energy, filled by people with relevant professional and educational experience. (B) Forest conservation — Forestry loans should not support commercial logging in relatively undisturbed primary forests, and no loan should cause significant loss of tropical forests. Forestry loans should not be paid out until the legal, economic, land-tenure, and other conditions needed for sustainability are in place. Loans should not support mining, oil, or other industrial development, or new or upgraded roads, in relatively undisturbed primary forests unless adequate safeguards — developed with local people — are already in place to prevent forest damage. Loans must respect the needs and rights of indigenous peoples and other long-standing forest residents, and should not go to countries unwilling to fairly resolve those people's land claims. Support for protecting biological diversity, done closely with local communities, should grow as a share of MDB lending. (C) Forced displacement of populations — The World Bank, Inter-American Development Bank, and Asian Development Bank should keep a list, available to the Secretary of the Treasury, of all ongoing projects that force people from their homes, including how many people are displaced and the status of resettlement compliance for each project, and get borrowers to agree that all such projects will fully comply with resettlement guidelines by mid-1993. The African Development Bank should adopt and carry out similar forced-displacement policy guidelines. (D) Environmental impact assessment (EIA) procedures — Each MDB should make draft and final EIA reports available to the public in both borrowing and donor countries, and give the public real chances to comment throughout the EIA process — including initial scoping, review of a project's assigned EIA category, and comments on draft and final reports. Each MDB should apply EIA requirements to all sector loans and build a method for assessing structural adjustment loans environmentally. Each MDB should require EIAs to study potential impacts on the global environment. Each MDB should have the head of its environmental unit — not project officers — decide what type of environmental analysis a project needs. (d) Global Warming Initiative The Administrator of the Agency for International Development must instruct all Agency missions and bureaus to keep carrying out every part of the "Global Warming Initiative," as defined in and continued under sections 533(c)(1) through (4) of Public Law 101–513. The Initiative must keep emphasizing reducing greenhouse-gas emissions through strategies compatible with continued economic development — such as forest conservation, end-use energy efficiency, least-cost energy planning, and renewable energy. The Administrator must direct Agency mission directors to build these strategies into their country programs. (e) Environment and energy activities Of the funds this Act appropriates under "Agency for International Development" in title II, at least $650,000,000 must go to environment and energy activities, including funds earmarked under section 533, and specifically: (1) At least $20,000,000 of funds for sections 103 through 106 and chapter 10 of part I of the Foreign Assistance Act of 1961 for biological-diversity activities — of which $5,000,000 goes to the Parks in Peril project, $1,500,000 to the National Science Foundation's international biological diversity program, $750,000 to the Neotropical Bird Conservation Initiative, and up to $2,000,000 to Project Noah. (2) At least $15,000,000 of Development Assistance Fund and chapter 10 funds to support replicable renewable-energy projects, with the Agency starting at least five significant new renewable-energy activities in fiscal year 1993. (3) At least $7,000,000 of those funds for elephant conservation and preservation. (4) At least $25,000,000 of Development Assistance Fund money for the Agency's Office of Energy. (5) Up to $50,000,000 of chapter 4, part II funds that may go to the "Forests for the Future Initiative" and to reaching a Global Forest Agreement. (f) International development and economic support Of the funds appropriated for parts I and chapter 4 of part II of the Foreign Assistance Act of 1961, the Agency for International Development should, as far as feasible and including the amounts in subsection (e), target: (1) $50,000,000 for Global Environment Facility projects. (2) A total of $10,000,000 for CORECT, the Environmental Technology Export Council, and the International Fund for Renewable Energy Efficiency. (3) $55,000,000 for activities that support the Global Warming Initiative. (g) Development Assistance Fund and Development Fund for Africa Funds this Act, or any later Act, appropriates for the Development Assistance Fund and Development Fund for Africa may pay expenses — including related support costs — for people detailed to or employed by the Agency for International Development who work in environment and energy, particularly on the Global Warming Initiative described in this section. (h) Conservation and biological diversity in Africa Of the funds appropriated under section 2763 of this title, at least $15,000,000 must go to African countries for conservation and biological-diversity programs.
the actual law source: uscode.house.gov ↗public domain
(a) Instructions to Executive Directors of Multilateral Development Banks

It is the policy of the United States that sustainable economic growth must be predicated on the sustainable management of natural resources. The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank (MDB) to continue to promote vigorously the environmental and energy initiatives established in section 533(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513). The Secretary of the Treasury, in cooperation with the Secretary of State, shall also undertake direct, bilateral discussions with appropriate officials of the governments of the member nations of the Organization for Economic Cooperation and Development with a goal of building greater international support for the environmental goals established in subsection (d) of this section. The Secretary of the Treasury shall submit a report to the Committees on Appropriations by March 1, 1993, which describes the progress of these bilateral discussions.

(b) Report to Congress

The Secretary of the Treasury shall, not later than March 1, 1993, submit a report to the Congress containing the same information as requested in section 533(b) of Public Law 101–513.

(c) Improved environmental performance; benchmarks
(1)

In furtherance of the policies contained in section 533(a) of Public Law 101–513 and section 1308 1 of the International Development and Finance Act of 1989 (Public Law 101–240), and as a basis for measuring more effectively progress by the MDBs toward improved environmental performance, the Secretary of the Treasury shall instruct the United States Executive Directors of the MDBs to encourage each MDB, at a minimum, to meet the benchmarks established in paragraph (2) in the areas of sustainable energy development, forest conservation, forced displacement of populations, and environmental impact assessment. On March 1, 1993 and March 1, 1994, the Secretary of the Treasury shall submit a report to the Congress describing in detail the progress being made by the MDBs in meeting these benchmarks.

(2)

For the purposes of paragraph (1), benchmarks are as follows:

(A)

In the area of sustainable energy development—

(i)

all loans in the energy sector should be based on, or support development of, “least-cost” integrated resource plans. Such plans shall include analyses of possible end-use energy efficiency measures and nonconventional renewable energy options, and such plans shall reflect the quantifiable environmental costs of proposed energy developments;

(ii)

a substantial portion of loans and grants in the energy, industry, and transportation sectors shall be devoted to end-use energy efficiency improvements and nonconventional renewable energy development; and

(iii)

all organizational units within the MDBs should create staff positions in a management role in end-use efficiency and renewable energy, which positions shall be staffed by individuals with professional experience in program design and management and educational degrees in relevant technical disciplines.

(B)

In the area of forest conservation—

(i)

forestry loans should not support commercial logging in relatively undisturbed primary forests, nor should loans result in any significant loss of tropical forests;

(ii)

forestry loans should not be disbursed until legal, economic, land tenure, and other policy conditions needed to ensure sustainability are in place;

(iii)

loans should not support mineral, petroleum, or other industrial development in, or construction or upgrading of roads through, relatively undisturbed primary forests unless adequate safeguards and monitoring systems, developed in consultation with local populations, are already in place to prevent degradation of the surrounding forests;

(iv)

loans should be consistent with and support the needs and rights of indigenous peoples and other long-term forest inhabitants and should not be made to countries which have shown an unwillingness to resolve fairly the territorial claims of such people; and

(v)

support for protection of biological diversity, in close consultation with local communities, should be increased to account for a larger proportion of MDB lending.

(C)

In the area of forced displacement of populations—

(i)

the World Bank, Inter-American Development Bank, and Asian Development Bank should maintain a listing, available to the Secretary of the Treasury, of all ongoing projects involving forced displacement of populations, including the number of people displaced and a report on the status of the implementation of their resettlement policy guidelines for each such project, and obtain agreements with borrowers to ensure that all ongoing projects involving forced displacement will be in full compliance with their resettlement policy guidelines by mid-1993; and

(ii)

the African Development Bank should adopt and implement policy guidelines on forced displacement similar to such guidelines of the other MDBs.

(D)

In the area of procedures for environmental impact assessment (EIA)—

(i)

each MDB should require that draft and final EIA reports be made available to the public in borrowing and donor countries and that the public be offered timely opportunities for comment on the EIA process, including initial scoping sessions, review of EIA categories assigned to individual projects, and opportunities to comment on draft and final EIA reports;

(ii)

each MDB should apply EIA requirements to all sector loans and develop and apply the methodology for environmental assessment of structural adjustment loans;

(iii)

each MDB should require that the EIA process include analyses of the potential impacts of proposed projects on the global environment; and

(iv)

each MDB should require the head of the appropriate environmental unit, rather than project officers, determine the appropriate type of environmental analysis required under the bank’s EIA procedures.

(d) Global Warming Initiative

The Administrator of the Agency for International Development shall instruct all Agency missions and bureaus to continue to implement all elements of the “Global Warming Initiative” as defined in, and which may continue under, the authorities of sections 2 533(c)(1) through (4) of Public Law 101–513. The Initiative shall continue to emphasize the need to reduce emissions of greenhouse gases through strategies consistent with continued economic development, such as forest conservation, end-use energy efficiency, least-cost energy planning, and renewable energy development. The Administrator shall direct Agency mission directors to incorporate these strategies in their country programs.

(e) Environment and energy activities

Of the funds appropriated by this Act under the headings in title II of this Act under “Agency for International Development”, not less than $650,000,000 shall be made available for environment and energy activities, including funds earmarked under section 533 of this Act, including the following—

(1)

Not less than $20,000,000 of the aggregate of the funds appropriated to carry out the provisions of sections 103 through 106 and chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151a–2151d; 2293 et seq.] shall be made available for biological diversity activities, of which $5,000,000 shall be made available for the Parks in Peril project pursuant to the authority of section 119(b) of that Act [22 U.S.C. 2151q(b)]; $1,500,000 shall be for the National Science Foundation’s international biological diversity program; $750,000 shall be for the Neotropical Bird Conservation Initiative of the National Fish and Wildlife Foundation; and up to $2,000,000 shall be for Project Noah;

(2)

Not less than $15,000,000 of the funds appropriated for the Development Assistance Fund and to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] shall be made available to support replicable renewable energy projects, and the Agency for International Development shall initiate at least five significant new activities in renewable energy during fiscal year 1993;

(3)

Not less than $7,000,000 of the funds appropriated for the Development Assistance Fund and to carry out the provisions of chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] shall be made available for assistance in support of elephant conservation and preservation;

(4)

Not less than $25,000,000 of the funds appropriated for the Development Assistance Fund shall be made available for the Office of Energy of the Agency for International Development; and

(5)

Up to $50,000,000 of the funds appropriated to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] may be made available to carry out the “Forests for the Future Initiative” and to achieve a Global Forest Agreement.

(f) International development and economic support

Of the funds appropriated by this Act to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.; 2346 et seq.], the Agency for International Development should, to the extent feasible and inclusive of funds earmarked under subsection (e) of this section, target assistance for the following activities:

(1)

$50,000,000 for projects associated with the Global Environment Facility;

(2)

a total of $10,000,000 for CORECT, the Environmental Technology Export Council, and the International Fund for Renewable Energy Efficiency; and

(3)

$55,000,000 for activities consistent with the Global Warming Initiative.

(g) Development Assistance Fund and Development Fund for Africa

Funds appropriated by this Act or any subsequent Act for the Development Assistance Fund and the Development Fund for Africa may be used for expenses (including related support costs) relating to the environment and energy sectors, of individuals detailed to or employed by the Agency for International Development, particularly those involved with the “Global Warning 3  Initiative” described in this subsection.4

(h) Conservation and biological diversity in Africa

Of the funds appropriated by this Act to carry out the provisions of section 2763 of this title, not less than $15,000,000 shall be made available to countries in Africa for programs which support conservation and biological diversity.

Source credit: (Pub. L. 102–391, title V, § 532, Oct. 6, 1992, 106 Stat. 1666.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-391 · 106 Stat. 1666

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-391 on 1992-10-06.

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