22 U.S.C. § 262m — Congressional findings and policies for

Page 52 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262m 3 So in original. Probably should be ‘‘Warming’’. 4 So in original. Probably should be ‘‘section.’’ authority of section 119(b) of that Act [22 U.S.C. 2151q(b)]; $1,500,000 shall be for the Na- tional Science Foundation’s international bio- logical 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 ap- propriated for the Development Assistance Fund and to carry out the provisions of chap- ter 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 en- ergy projects, and the Agency for Inter- national Development shall initiate at least five significant new activities in renewable en- ergy during fiscal year 1993; (3) Not less than $7,000,000 of the funds ap- propriated for the Development Assistance Fund and to carry out the provisions of chap- ter 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 ap- propriated for the Development Assistance Fund shall be made available for the Office of Energy of the Agency for International Devel- opment; 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 Initia- tive’’ and to achieve a Global Forest Agree- ment. (f) International development and economic sup- port 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 En- vironmental 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 Develop- ment Fund for Africa Funds appropriated by this Act or any subse- quent 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 sub- section.4 (h) Conservation and biological diversity in Afri- ca 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 sup- port conservation and biological diversity. (Pub. L. 102–391, title V, § 532, Oct. 6, 1992, 106 Stat. 1666.) Editorial Notes REFERENCES IN TEXT Section 533 of the Foreign Operations, Export Financ- ing, and Related Programs Appropriations Act, 1991, re- ferred to in subsecs. (a), (b), (c)(1), and (d), is section 533 of Pub. L. 101–513, which was formerly classified to sec- tion 262l of this title. Section 1308 of the International Development and Finance Act of 1989 (Public Law 101–240), referred to in subsec. (c)(1), probably means a reference to the section 1308 of Pub. L. 95–118, the International Financial Insti- tutions Act, which was added by section 521 of Pub. L. 101–240, and subsequently renumbered section 1307 of Pub. L. 95–118 by section 541(f)(4) of Pub. L. 101–240, and is classified to section 262m–7 of this title. Pub. L. 101–240 does not contain a section 1308. This Act, referred to in subsecs. (e) to (h), is Pub. L. 102–391, Oct. 6, 1992, 106 Stat. 1633, known as the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993. Provisions under the headings in title II of this Act under ‘‘Agency for International Development’’ appear at 106 Stat. 1638 et seq. and are not classified to the Code except for an undesignated par. that was formerly set out as a note under section 2151u of this title. Section 533 of the Act is not classi- fied to the Code. For complete classification of this Act to the Code, see Tables. The Foreign Assistance Act of 1961, referred to in sub- secs. (e)(1) to (3), (5) and (f), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified gen- erally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. For provisions deeming references to sub- chapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of chap- ter 32, 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. Sections 103 to 106 of the Act are classified to section 2151a to 2151d of this title. For provisions deeming references to sections 2151a to 2151d of this title to include a reference to section 2293 of this title, see section 2293(d)(1) of this title. Chapter 10 of part I of the Act is classified generally to part X (§ 2293 et seq.) of subchapter I of chapter 32 of this title. Chap- ter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Section is from the Foreign Operations, Export Fi- nancing, and Related Programs Appropriations Act, 1993. Section was formerly classified to section 262l of this title. § 262m. Congressional findings and policies for multilateral development banks respecting environment, public health, natural re- sources, and indigenous peoples The Congress finds that— (1) United States assistance to the multilat- eral development banks should promote sus- tainable use of natural resources and the pro- tection of the environment, public health, and Page 53 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262m–2 the status of indigenous peoples in developing countries; (2) multilateral development bank projects, policies, and loans have failed in some cases to provide adequate safeguards for the environ- ment, public health, natural resources, and in- digenous peoples; (3) many development efforts of the multi- lateral development banks are more enduring and less costly if based on consultations with directly affected population groups and com- munities; (4) developing country governments some- times do not ensure that appropriate policies and procedures are in place to use natural re- sources sustainably or consult with affected population groups and communities, where costs could be reduced or benefits made more enduring; and (5) in general, the multilateral development banks do not yet provide systematic and ade- quate assistance to their borrowers to encour- age sustainable resource use and consultation with affected communities, where costs could be reduced or benefits made more enduring. (Pub. L. 95–118, title XIII, § 1301, as added Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.) Editorial Notes CODIFICATION Section 1301 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as in- troduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202. § 262m–1. Environmental performance of banks; mechanisms for improvement The Secretary of the Treasury and the Sec- retary of State, in cooperation with the Admin- istrator of the Agency for International Devel- opment, shall vigorously promote mechanisms to strengthen the environmental performance of these banks. These mechanisms shall include strengthening organizational, administrative, and procedural arrangements within the banks which will substantially improve management of assistance programs necessary to ensure the sustainable use of natural resources and the pro- tection of indigenous peoples. (Pub. L. 95–118, title XIII, § 1302, as added Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.) Editorial Notes CODIFICATION Section 1302 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as in- troduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202. Statutory Notes and Related Subsidiaries DEFINITIONS The definition in section 262p of this title applies to this section. § 262m–2. Environmental impact of assistance proposals (a) Analysis by agencies, United States embassies and overseas missions of Agency for Inter- national Development; factors considered; af- firmative investigation of adverse impacts; availability of information to public (1) In the course of reviewing assistance pro- posals of the multilateral development banks, the Administrator of the Agency for Inter- national Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that other agencies and ap- propriate United States embassies and overseas missions of the Agency for International Devel- opment are instructed to analyze, where fea- sible, the environmental impacts of multilateral development loans well in advance of such loans’ approval by the relevant institutions to deter- mine 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 re- sources, 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 Agen- cy for International Development, in consulta- tion with the Secretary of the Treasury and the Secretary of State, shall ensure that an affirma- tive investigation of such impacts is undertaken in consultation with relevant Federal agencies. If not classified under the national security sys- tem of classification, the information collected pursuant to this paragraph shall be made avail- able to the public. (b) Evaluation by major shareholder govern- ments prior to bank action on assistance pro- posals (1) The Secretary of the Treasury shall in- struct the Executive Directors representing the United States at the multilateral development banks as defined in section 262m–7(g) of this title to urge the management and other direc- tors of each such bank, to provide sufficient time between the circulation of assistance pro- posals and bank action on those proposals, in order to permit their evaluation by major share- holder governments. (2) The Secretary of the Treasury shall in- struct such Executive Directors to work with other countries’ Executive Directors and multi- lateral development bank management to— (A) improve the procedures of each multilat- eral development bank for providing its board of directors with a complete and accurate record regarding public consultation before they vote on proposed projects with signifi- cant environmental implications; and (B) revise bank procedures to consistently require public consultation on operational pol- icy proposals or revisions that have signifi- cant environmental or social implications. (3) Progress under this subsection shall be in- corporated into Treasury’s required annual re-