|
U.S. Code as of:
01/19/04
Section 262m-2. Environmental impact of assistance proposals
(a) Analysis by agencies, United States embassies and overseas
missions of Agency for International Development; factors
considered; affirmative investigation of adverse impacts;
availability of information to public
(1) In the course of reviewing assistance proposals of the
multilateral development banks, the Administrator of the Agency for
International Development, in consultation with the Secretary of
the Treasury and the Secretary of State, shall ensure that other
agencies and appropriate United States embassies and overseas
missions of the Agency for International Development are instructed
to analyze, where feasible, the environmental impacts of
multilateral development loans well in advance of such loans'
approval by the relevant institutions to determine whether the
proposals will contribute to the sustainable development of the
borrowing country.
(2) To the extent possible, 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.
(3) If there is reason to believe that any such loan is
particularly likely to have substantial adverse impacts, the
Administrator of the Agency for International Development, in
consultation with the Secretary of the Treasury and the Secretary
of State, shall ensure that an affirmative investigation of such
impacts is undertaken in consultation with relevant Federal
agencies. If not classified under the national security system of
classification, the information collected pursuant to this
paragraph shall be made available to the public.
(b) Evaluation by major shareholder governments prior to bank
action on assistance proposals
The Secretary of the Treasury shall instruct the Executive
Directors representing the United States at the International Bank
for Reconstruction and Development, the Inter-American Development
Bank, the Asian Development Bank, and the African Development Bank
to urge the management and other directors of each such bank, to
provide sufficient time between the circulation of assistance
proposals and bank action on those proposals, in order to permit
their evaluation by major shareholder governments.
(c) Identification of proposals likely to have adverse impact;
transmittal to Congress
Based on the information obtained during the evaluation referred
to in subsection (a) of this section and other available
information, the Administrator of the Agency for International
Development, in consultation with the Secretary of the Treasury and
the Secretary of State, shall identify those assistance proposals
likely to have adverse impacts on the environment, natural
resources, public health, or indigenous peoples. The proposals so
identified shall be transmitted to the Committee on Appropriations
and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives and the Committee on Appropriations and
the Committee on Foreign Relations of the Senate, not later than
June 30 and December 31 of each year following December 22, 1987.
(d) Reports to Executive Directors; elimination or mitigation of
adverse impacts
The Secretary of the Treasury shall forward reports concerning
information received under subsection (a) of this section to the
Executive Director representing the United States in the
appropriate bank with instructions to seek to eliminate or mitigate
adverse impacts which may result from the proposal.
|
|