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Foreign Assistance Act of 1961 (P.L. 87-195)

ent

483

Ks or or in

w tropical forests provide a sustained flow of reto the economic growth of developing countries, as resources of value to developed and developing

The concerns expressed in subsection (a) and the of the United States Interagency Task Force on all be given high priority by the President

ating and carrying out programs and policies
developing countries, including those relating to
Itilateral assistance and those relating to pri-
ies; and

portunities to coordinate public and private
Investment activities which affect forests in

S.

VELOPING COUNTRIES.-In providing assist-
ries, the President shall do the following:
priority on conservation and sustainable
al forests.

ent feasible, engage in dialogues and ex-
with recipient countries-

s the importance of conserving and
ng forest resources for the long-term
hose countries, as well as the irrevers-
with forest destruction, and
and focus on policies of those coun-
or indirectly contribute to deforest-

Ceasible, support projects and activi

yment and income alternatives to uld cause destruction and loss of ng counts identify and impleblish or strengthening of

Zing fored areas

ble,

pac

training programs,

developing countries
evant land-use plan-
ent of their forests.
destructive slash-
and productive
-degraded and on
ial emphasis on
nd other tech-
to the local
es and fea-
people.

sts which
oduction
f refor-
ts and
et all

ing acnat the ectly to be consupports

sion of for

tenance of ing or other 1 relatively

water control d forest lands. GANIZATIONS.

the objectives of nd voluntary ornongovernmental country where the

ch country developan prepared by the include an analysis

ry to achieve conservaopical forests, and proposed for support by ified.

eport required by section t on the implementation of

onventional Energy Tech

-(a)7 The Congress finds the ant species is endangered by oxic chemicals in water, air and bitats. The Congress further finds nd plant species is an irreparable environmental and economic condeveloped countries alike. Accord

-88 (91 Stat. 528), amended by sec. 111 of the Internce Act of 1978 (92 Stat. 948), and by sec. 107 of the Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) lopment Cooperation Act of 1980 (Public Law 96-533; 94 or text concerning energy technologies, Legislation on For

x. A.

added by sec. 702 of the International Environment ProtecDepartment of State Authorization Act, Fiscal Years 1984 and . 1045).

(b) In order to address the serious problems described in s section (a), the President is authorized to furnish assistance und this part for developing and strengthening the capacity of deve ing countries to protect and manage their environment and natur resources. Special efforts shall be made to maintain and where p sible to restore the land, vegetation, water, wildlife, and other r sources upon which depend economic growth and human we being, especially of the poor.

(c) (1) The President, in implementing programs and proje under this chapter and chapter 10 of this part,3 shall take f into account the impact of such programs and projects upon the e vironment and natural resources of developing countries. Subject: such procedures as the President considers appropriate, the Pres dent shall require all agencies and officials responsible for p grams or projects under this chapter

(A) to prepare and take fully into account an environmer impact statement for any program or project under this chat ter significantly affecting the environment of the global mons outside the jurisdiction of any country, the environmer of the United States, or other aspects of the environmer which the President may specify; and

(B) to prepare and take fully into account an environmenta assessment of any proposed program or project under th chapter significantly affecting the environment of any foreg country.

Such agencies and officials should, where appropriate, use loca technical resources in preparing environmental impact statement and environmental assessments pursuant to this subsection.

(2) The President may establish exceptions from the require ments of this subsection for emergency conditions and for cases: which compliance with those requirements would be seriously de rimental to the foreign policy interests of the United States. Sec. 118.4 Tropical Forests.

(a) IMPORTANCE OF FORESTS AND TREE COVER.-In enacting sec tion 103(b)(3) of this Act the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating a teration, destruction, and loss of tropical forests in developing cour tries, which pose a serious threat to development and the envirorment. Tropical forest destruction and loss

(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, res ervoirs, and irrigation systems; floods; destruction of indige nous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and (2) can result in desertification and destabilization of the earth's climate.

3 Sec. 562 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), added a new chapter 10 to part I of this Act providing for long-term development in sub-Saharan Africa, and made a conforming amendment by inserting "and chapter 10 of this part❞ here.

422 S 2151p-1. Sec. 118 was added by sec. 301(3) of Public Law 99-529 (100 Stat. 3014. See a ete 2.

roperly managed tropical forests provide a sustained flow of reurces essential to the economic growth of developing countries, as ell as genetic resources of value to developed and developing ›untries alike.

(b) PRIORITIES.-The concerns expressed in subsection (a) and the ecommendations of the United States Interagency Task Force on ropical Forests shall be given high priority by the President—

(1) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and

(2) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries.

(c) ASSISTANCE to DEVELOPING COUNTRIES.—In providing assistnce to developing countries, the President shall do the following: (1) Place a high priority on conservation and sustainable management of tropical forests.

(2) To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries

(A) which stress the importance of conserving and sustainably managing forest resources for the long-term economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and

(B) which identify and focus on policies of those countries which directly or indirectly contribute to deforestation.

(3) To the fullest extent feasible, support projects and activities

(A) which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and

(B) which help developing countries identify and implement alternatives to colonizing forested areas.

(4) To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests. (5) To the fullest extent feasible, help end destructive slashand-burn agriculture by supporting stable and productive farming practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people.

(6) To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation.

(7) To the fullest extent feasible, support projects and se activities to conserve forested watersheds and rehabilita those which have been deforested, making sure that local pe ple are involved at all stages of project design and implement tion.

(8) To the fullest extent feasible, support training, resear and other actions which lead to sustainable and more envir mentally sound practices for timber harvesting, removal, r processing, including reforestation, soil conservation, and ot activities to rehabilitate degraded forest lands.

(9) To the fullest extent feasible, support research to exper knowledge of tropical forests and identify alternatives wh will prevent forest destruction, loss, or degradation, inclus.. research in agroforestry, sustainable management of natur forests, small-scale farms and gardens, small-scale animal he bandry, wider application of adopted traditional practices, ari suitable crops and crop combinations.

(10) To the fullest extent feasible, conserve biological diver sity in forest areas by

(A) supporting and cooperating with United States Gov ernment agencies, other donors (both bilateral and mut lateral), and other appropriate governmental, intergover mental, and nongovernmental organizations in efforts identify, establish, and maintain a representative networ of protected tropical forest ecosystems on a worldwide basis;

(B) whenever appropriate, making the establishment & protected areas a condition of support for activities involv ing forest clearance of degradation; and

(C) helping developing countries identify tropical fores ecosystems and species in need of protection and establis and maintain appropriate protected areas.

(11) To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the imme diate and long-term value of tropical forests.

(12) To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies. (13) Require that any program or project under this chapter significantly affecting tropical forests (including projects involv ing the planting of exotic plant species)

(A) be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and

(B) take full account of the environmental impacts of the proposed activities on biological diversity,

as provided for in the environmental procedures of the Agency for International Development.

(14) Deny assistance under this chapter for

(A) the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which minimizes forest destuction and the proposed activity will produce posi

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tive economic benefits and sustainable forest management systems; and

(B) actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.

(15) Deny assistance under this chapter for the following activities unless an environmental assessment indicates that the proposed activity 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 development:

(A) Activities which would result in the conversion of forest lands to the rearing of livestock.

(B) The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) 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 relatively undegraded forest lands. (d) PVOS AND OTHER NONGOVERNMENTAL ORGANIZATIONS.henever feasible, the President shall accomplish the objectives of is section through projects managed by private and voluntary ornizations or international, regional, or national nongovernmental ganizations which are active in the region or country where the oject is located.

(e) COUNTRY ANALYSIS REQUIREMENTS.-Each country developent strategy statement or other country plan prepared by the gency for International Development shall include an analysis

(1) the actions necessary in that country to achieve conservation and sustainable management 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 34(a) of this Act shall include a report on the implementation of is section.

Sec. 119.5 Renewable and Unconventional Energy Techologies. *** [Repealed-1980]

Sec. 119.6 Endangered Species.-(a)7 The Congress finds the rvival of many animal and plant species is endangered by verhunting, by the presence of toxic chemicals in water, air and il, and by the destruction of habitats. The Congress further finds at the extinction of animal and plant species is an irreparable ss with potentially serious environmental and economic conequences for developing and developed countries alike. Accord

Sec. 119, as added by Public Law 95-88 (91 Stat. 528), amended by sec. 111 of the Intertional Development and Food Assistance Act of 1978 (92 Stat. 948), and by sec. 107 of the ternational Development Cooperation Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 at. 3147). See sec. 106 of this Act for text concerning energy technologies, Legislation on Forn Relations Through 1992, vol. I, sec. A.

22 U.S.C. 2151q.

7Sec. 119, pars. (a) and (b) were added by sec. 702 of the International Environment Protecon Act of 1983 (title VII of the Department of State Authorization Act, Fiscal Years 1984 85, Public Law 98-164; 97 Stat. 1045).

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