§ 262m-2. — Environmental impact of assistance proposals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC262m-2]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
Sec. 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.
(Pub. L. 95-118, title XIII, Sec. 1303, as added Pub. L. 100-202,
Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.)
Codification
Section 1303 of Pub. L. 95-118 is based on section 701 of title VII
of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and
enacted into law by Pub. L. 100-202.
Change of Name
Committee on Banking, Finance and Urban Affairs of House of
Representatives treated as referring to Committee on Banking and
Financial Services of House of Representatives by section 1(a) of Pub.
L. 104-14, set out as a note preceding section 21 of Title 2, The
Congress. Committee on Banking and Financial Services of House of
Representatives abolished and replaced by Committee on Financial
Services of House of Representatives, and jurisdiction over matters
relating to securities and exchanges and insurance generally transferred
from Committee on Energy and Commerce of House of Representatives by
House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Section Referred to in Other Sections
This section is referred to in sections 262m-7, 262r-2 of this
title.
