22 U.S.C. § 2151q — Endangered species

Page 630 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151q as provided for in the environmental proce- dures of the Agency for International Develop- ment. (14) Deny assistance under this part for— (A) the procurement or use of logging equipment, unless an environmental assess- ment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which mini- mizes forest destruction and that the pro- posed activity will produce positive eco- nomic benefits and sustainable forest man- agement systems; and (B) actions which significantly degrade na- tional parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas. (15) Deny assistance under this part for the following activities unless an environmental assessment indicates that the proposed activ- ity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable de- velopment: (A) Activities which would result in the conversion of forest lands to the rearing of livestock. (B) The construction, upgrading, or main- tenance of roads (including temporary haul roads for logging or other extractive indus- tries) which pass through relatively undegraded forest lands. (C) The colonization of forest lands. (D) The construction of dams or other water control structures which flood rel- atively undegraded forest lands. (d) PVOs and other nongovernmental organiza- tions Whenever feasible, the President shall accom- plish the objectives of this section through projects managed by private and voluntary or- ganizations or international, regional, or na- tional nongovernmental organizations which are active in the region or country where the project is located. (e) Country analysis requirements Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of— (1) the actions necessary in that country to achieve conservation and sustainable manage- ment of tropical forests, and (2) the extent to which the actions proposed for support by the Agency meet the needs thus identified. (f) Annual report Each annual report required by section 2394(a) of this title shall include a report on the imple- mentation of this section. (Pub. L. 87–195, pt. I, § 118, as added Pub. L. 99–529, title III, § 301(3), Oct. 24, 1986, 100 Stat. 3014.) Editorial Notes PRIOR PROVISIONS A prior section 118 of Pub. L. 87–195, pt. I, was renum- bered section 117 and is classified to section 2151p of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2151q. Endangered species (a) Congressional findings and purposes The Congress finds the survival of many ani- mal and plant species is endangered by over- hunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the ex- tinction of animal and plant species is an irrep- arable loss with potentially serious environ- mental and economic consequences for devel- oping and developed countries alike. Accord- ingly, the preservation of animal and plant spe- cies through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wildlife habitats should be an important objective of the United States development assistance. (b) Remedial measures In order to preserve biological diversity, the President is authorized to furnish assistance under subchapter I of this chapter, notwith- standing section 2420 of this title, to assist coun- tries in protecting and maintaining wildlife habitats and in developing sound wildlife man- agement and plant conservation programs. Spe- cial efforts should be made to establish and maintain wildlife sanctuaries, reserves, and parks; to enact and enforce anti-poaching meas- ures; and to identify, study, and catalog animal and plant species, especially in tropical environ- ments. (c) Funding level For fiscal year 1987, not less than $2,500,000 of the funds available to carry out subchapter I of this chapter (excluding funds made available to carry out section 2151b(c)(2) of this title, relat- ing to the Child Survival Fund) shall be allo- cated for assistance pursuant to subsection (b) for activities which were not funded prior to fis- cal year 1987. In addition, the Agency for Inter- national Development shall, to the fullest ex- tent possible, continue and increase assistance pursuant to subsection (b) for activities for which assistance was provided in fiscal years prior to fiscal year 1987. (d) Country analysis requirements Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of— (1) the actions necessary in that country to conserve biological diversity, and (2) the extent to which the actions proposed for support by the Agency meet the needs thus identified. (e) Local involvement To the fullest extent possible, projects sup- ported under this section shall include close consultation with and involvement of local peo- ple at all stages of design and implementation. Page 631 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151q (f) PVOs and other nongovernmental organiza- tions Whenever feasible, the objectives of this sec- tion shall be accomplished through projects managed by appropriate private and voluntary organizations, or international, regional, or na- tional nongovernmental organizations, which are active in the region or country where the project is located. (g) Actions by AID The Administrator of the Agency for Inter- national Development shall— (1) cooperate with appropriate international organizations, both governmental and non- governmental; (2) look to the World Conservation Strategy as an overall guide for actions to conserve bio- logical diversity; (3) engage in dialogues and exchanges of in- formation with recipient countries which stress the importance of conserving biological diversity for the long-term economic benefit of those countries and which identify and focus on policies of those countries which di- rectly or indirectly contribute to loss of bio- logical diversity; (4) support training and education efforts which improve the capacity of recipient coun- tries to prevent loss of biological diversity; (5) whenever possible, enter into long-term agreements in which the recipient country agrees to protect ecosystems or other wildlife habitats recommended for protection by rel- evant governmental or nongovernmental orga- nizations or as a result of activities under- taken pursuant to paragraph (6), and the United States agrees to provide, subject to ob- taining the necessary appropriations, addi- tional assistance necessary for the establish- ment and maintenance of such protected areas; (6) support, as necessary and in cooperation with the appropriate governmental and non- governmental organizations, efforts to iden- tify and survey ecosystems in recipient coun- tries worthy of protection; (7) cooperate with and support the relevant efforts of other agencies of the United States Government, including the United States Fish and Wildlife Service, the National Park Serv- ice, the Forest Service, and the Peace Corps; (8) review the Agency’s environmental regu- lations and revise them as necessary to ensure that ongoing and proposed actions by the Agency do not inadvertently endanger wildlife species or their critical habitats, harm pro- tected areas, or have other adverse impacts on biological diversity (and shall report to the Congress within a year after October 24, 1986, on the actions taken pursuant to this para- graph); (9) ensure that environmental profiles spon- sored by the Agency include information need- ed for conservation of biological diversity; and (10) deny any direct or indirect assistance under this part for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas. (h) Annual reports Each annual report required by section 2394(a) of this title shall include, in a separate volume, a report on the implementation of this section. (Pub. L. 87–195, pt. I, § 119, as added Pub. L. 98–164, title VII, § 702, Nov. 22, 1983, 97 Stat. 1045; amended Pub. L. 99–529, title III, § 302, Oct. 24, 1986, 100 Stat. 3017; Pub. L. 101–167, title V, § 533(d)(4)(A), Nov. 21, 1989, 103 Stat. 1227.) Editorial Notes PRIOR PROVISIONS A prior section 2151q, Pub. L. 87–195, pt. I, § 119, as added Pub. L. 95–88, title I, § 114, Aug. 3, 1977, 91 Stat. 538; amended Pub. L. 95–424, title I, § 111, Oct. 6, 1978, 92 Stat. 948; Pub. L. 96–53, title I, §§ 104(c), 107, Aug. 14, 1979, 93 Stat. 362, related to renewable and unconven- tional energy technologies, prior to repeal by Pub. L. 96–533, title III, § 304(g), Dec. 16, 1980, 94 Stat. 3147. AMENDMENTS 1989—Subsec. (b). Pub. L. 101–167 inserted ‘‘, notwithstanding section 2420 of this title,’’ after ‘‘subchapter I of this chapter’’. 1986—Subsec. (c). Pub. L. 99–529 added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘The Administrator of the Agency for International Development, in conjunction with the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chairman of the Council on Environmental Quality, and the heads of other appropriate Government agencies, shall develop a United States strategy, including specific policies and programs, to protect and conserve biologi- cal diversity in developing countries.’’ Subsec. (d). Pub. L. 99–529 added subsec. (d) and struck out former subsec. (d) which read as follows: ‘‘Each annual report required by section 2394(a) of this title shall include, in a separate volume, a report on the implementation of this subsection. Not later than one year after November 22, 1983, the President shall submit a comprehensive report to the Speaker of the House of Representatives and the chairman of the Com- mittee on Foreign Relations of the Senate on the United States strategy to protect and conserve biologi- cal diversity in developing countries.’’ Subsecs. (e) to (h). Pub. L. 99–529 added subsecs. (e) to (h). Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. SHORT TITLE For short title of title VII of Pub. L. 98–164, which en- acted this section and amended section 2452 of this title, as the ‘‘International Environment Protection Act of 1983’’, see section 701 of Pub. L. 98–164, set out as a Short Title of 1983 Amendment note under section 2151 of this title. INCREASED INTERNATIONAL COOPERATION TO PROTECT BIOLOGICAL DIVERSITY Pub. L. 100–530, Oct. 25, 1988, 102 Stat. 2651, provided that Congress supports United States efforts, con- sistent with 22 U.S.C. 2151q(g), to initiate discussions to develop an international agreement to preserve biologi- Page 632 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151r cal diversity and calls upon the President to continue exerting United States leadership in order to achieve the earliest possible negotiation of an international convention to conserve biological diversity, and di- rected the President to submit a report to Congress on progress toward goal of negotiating such convention not later than one year after Oct. 25, 1988. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2151r. Sahel development program; planning (a) Congressional support The Congress reaffirms its support of the ini- tiative of the United States Government in un- dertaking consultations and planning with the countries concerned, with other nations pro- viding assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and sup- port of a comprehensive long-term African Sahel development program. (b) Presidential authorization The President is authorized to develop a long- term comprehensive development program for the Sahel and other drought-stricken nations in Africa. (c) Presidential guidelines In developing this long-term program, the President shall— (1) consider international coordination for the planning and implementation of such pro- gram; (2) seek greater participation and support by African countries and organizations in deter- mining development priorities; and (3) begin such planning immediately. (Pub. L. 87–195, pt. I, § 120, formerly pt. III, § 639B, as added Pub. L. 93–189, § 20, Dec. 17, 1973, 87 Stat. 725; renumbered pt. I, § 494B and amended Pub. L. 94–161, title I, § 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I, § 120 and amended Pub. L. 95–88, title I, § 115(1), (2), Aug. 3, 1977, 91 Stat. 539; Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959.) Editorial Notes CODIFICATION Section was formerly classified to sections 2292e and 2399–1b of this title. AMENDMENTS 1978—Subsec. (d). Pub. L. 95–424 struck out subsec. (d) authorizing appropriations for development of a long- term African Sahel development program. 1977—Pub. L. 95–88, § 115(2), substituted ‘‘Sahel’’ for ‘‘African’’ in section catchline. 1975—Pub. L. 94–161, § 101(7)(A), struck out ‘‘Sahel’’ after ‘‘African’’ in section catchline. Subsec. (a). Pub. L. 94–161, § 101(7)(B), (C), designated existing provisions as subsec. (a) and substituted ‘‘Con- gress reaffirms its support of’’ for ‘‘Congress supports’’. Subsecs. (b) to (d). Pub. L. 94–161, § 101(7)(D), added subsecs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2151s. Repealed. Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031 Section, Pub. L. 87–195, pt. I, § 121, as added Pub. L. 95–88, title I, § 115(3), Aug. 3, 1977, 91 Stat. 539; amended Pub. L. 96–53, title I, § 108, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96–533, title III, § 306, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97–113, title III, § 308, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99–83, title VIII, § 809, Aug. 8, 1985, 99 Stat. 263, related to Sahel development program. § 2151t. Development assistance authority (a) Authority of President to furnish assistance In order to carry out the purposes of this part, the President is authorized to furnish assist- ance, on such terms and conditions as he may determine, to countries and areas through pro- grams of grant and loan assistance, bilaterally or through regional, multilateral, or private en- tities. (b) Authority of President to make loans; terms and conditions The President is authorized to make loans payable as to principal and interest in United States dollars on such terms and conditions as he may determine, in order to promote the eco- nomic development of countries and areas, with emphasis upon assisting long-range plans and programs designed to develop economic re- sources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this part, the President shall consider the economic cir- cumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan at a reasonable rate of interest, except that loans may not be made at a rate of interest of less than 3 per centum per annum commencing not later than ten years fol- lowing the date on which the funds are initially made available under the loan, during which ten-year period the rate of interest shall not be lower than 2 per centum per annum, nor higher than the applicable legal rate of interest of the country in which the loan is made. (c) Dollar receipts from loans to be paid into Treasury Dollar receipts paid during any fiscal year from loans made under subchapter I of this chapter or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts. (d) Assistance to research and educational insti- tutions in United States; limitation on amounts Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of