22 USC § 2151p - Environmental and natural resources

(a) Congressional statement of findings

The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interest of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environment, and in cooperating extensively with developing countries in order to achieve environmentally sound development.

(b) Assistance authority and emphasis

In order to address the serious problems described in subsection (a) of this section, the President is authorized to furnish assistance under subchapter I of this chapter for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human well-being, especially of the poor.

(c) Implementation considerations applicable to programs and projects

(1) The President, in implementing programs and projects under this part and part X of this subchapter, shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this part and part X of this subchapter—

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

(B) to prepare and take fully into account an environmental assessment of any proposed program or project under this part and part X of this subchapter significantly affecting the environment of any foreign country.

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

(2) The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States.

Source

(Pub. L. 87–195, pt. I, § 117, formerly § 118, as added Pub. L. 95–88, title I, § 113(a),Aug. 3, 1977, 91 Stat. 537; amended Pub. L. 95–424, title I, § 110,Oct. 6, 1978, 92 Stat. 948; Pub. L. 96–53, title I, § 122,Aug. 14, 1979, 93 Stat. 366; Pub. L. 97–113, title III, § 307,Dec. 29, 1981, 95 Stat. 1533; renumbered § 117 and amended Pub. L. 99–529, title III, § 301(1), (2),Oct. 24, 1986, 100 Stat. 3014; Pub. L. 101–513, title V, § 562(d)(4),Nov. 5, 1990, 104 Stat. 2031.)

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) ofPub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.

Codification

Other sections 117 ofPub. L. 87–195, pt. I, were classified to section 2151o of this title prior to repeal by Pub. L. 95–424and Pub. L. 103–149.

Amendments

1990—Subsec. (c)(1). Pub. L. 101–513inserted “and part X of this subchapter” after “this part” wherever appearing.

1986—Subsec. (d). Pub. L. 99–529, § 301(2), struck out subsec. (d) relating to loss of tropical forests in developing countries. See section 2151p–1 of this title.

1981—Pub. L. 97–113amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which authorized President to furnish assistance under this subchapter for developing and strengthening capacity of less developed countries to protect and manage their environment and natural resources and directed President to take into consideration environmental consequences of development actions in carrying out this part.

1979—Subsec. (c). Pub. L. 96–53repealed subsec. (c) which related to studies and report to Congress by the President on the identification of major environmental and natural resource problems.

1978—Pub. L. 95–424designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–53effective Oct. 1, 1979, see section 512(a) ofPub. L. 96–53, set out as a note under section 2151 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–424effective Oct. 1, 1978, see section 605 ofPub. L. 95–424, set out as a note under section 2151 of this title.

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.

Clean Water for the Americas Partnership

Pub. L. 107–228, div. A, title VI, subtitle D, Sept. 30, 2002, 116 Stat. 1402, provided that:

“SEC. 641. SHORT TITLE.

“This subtitle may be cited as the ‘Clean Water for the Americas Partnership Act of 2002’.

“SEC. 642. DEFINITIONS.

“In this subtitle:

“(1) Joint project.—The term ‘joint project’ means a project between a United States association or nonprofit entity and a Latin American or Caribbean association or nongovernmental organization.

“(2) Latin american or caribbean nongovernmental organization.—The term ‘Latin American or Caribbean nongovernmental organization’ includes any institution of higher education, any private nonprofit entity involved in international education activities, or any research institute or other research organization, based in the region.

“(3) Region.—The term ‘region’ refers to the region comprised of the member countries of the Organization of American States (other than the United States and Canada).

“(4) United states association.—The term ‘United States association’ means a business league described in section 501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C. 501 (c)(6)), and exempt from taxation under section 501(a) of such Code (26 U.S.C. 501 (a)).

“(5) United states nonprofit entity.—The term ‘United States nonprofit entity’ includes any institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001 (a)), any private nonprofit entity involved in international education activities, or any research institute or other research organization, based in the United States.

“SEC. 643. ESTABLISHMENT OF PROGRAM.

“The President is authorized to establish a program which shall be known as the ‘Clean Water for the Americas Partnership’.

“SEC. 644. ENVIRONMENTAL ASSESSMENT.

“The President is authorized to conduct a comprehensive assessment of the environmental problems in the region to determine—

“(1) which environmental problems threaten human health the most, particularly the health of the urban poor;

“(2) which environmental problems are most threatening, in the long-term, to the region’s natural resources;

“(3) which countries have the most pressing environmental problems; and

“(4) whether and to what extent there is a market for United States environmental technology, practices, knowledge, and innovations in the region.

“SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.

“(a) Authority To Establish.—The President, acting through the Director General of the United States and Foreign Commercial Service of the Department of Commerce, is authorized to establish Technology America Centers (TEAMs) in the region to serve the entire region and, where appropriate, to establish TEAMs in urban areas of the region to focus on urban environmental problems.

“(b) Functions.—The TEAMs would link United States private sector environmental technology firms with local partners, both public and private, by providing logistic and information support to United States firms seeking to find local partners and opportunities for environmental projects. TEAMs should emphasize assisting United States small businesses.

“(c) Location.—In determining whether to locate a TEAM in a country, the President, acting through the Director General of the United States and Foreign Commercial Service of the Department of Commerce, shall take into account the country’s need for logistic and informational support and the opportunities presented for United States firms in the country. A TEAM may be located in a country without regard to whether a mission of the United States Agency for International Development is established in that country.

“SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND ENERGY EFFICIENCY.

“Subject to the availability of appropriations, the President is authorized to provide matching grants to United States associations and United States nonprofit entities for the purpose of promoting water quality, water treatment systems, and energy efficiency in the region. The grants shall be used to support joint projects, including professional exchanges, academic fellowships, training programs in the United States or in the region, cooperation in regulatory review, development of training materials, the establishment and development in the region of local chapters of the associations or nonprofit entities, and the development of online exchanges.

“SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED SUBREGION.

“(a) Grant Authority.—

“(1) In general.—Subject to the availability of appropriations, the Director of the Trade and Development Agency is authorized to make grants for prefeasibility studies for water projects in any country within a single subregion or in a single country designated under paragraph (2).

“(2) Designation of subregion.—The Director of the Trade and Development Agency shall designate in advance a single subregion or a single country for purposes of paragraph (1).

“(b) Matching Requirement.—The Director of the Trade and Development Agency may not make any grant under this section unless there are made available non-Federal contributions in an amount equal to not less than 25 percent of the amount of Federal funds provided under the grant.

“(c) Limitation Per Single Project.—With respect to any single project, grant funds under this section shall be available only for the prefeasibility portion of that project.

“(d) Definitions.—In this section:

“(1) Prefeasibility.—The term ‘prefeasibility’ means, with respect to a project, not more than 25 percent of the design phase of the project.

“(2) Subregion.—The term ‘subregion’ means an area within the region and includes areas such as Central America, the Andean region, and the Southern cone.

“SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.

“(a) In General.—The President is authorized to establish a Clean Water Technical Support Committee (in this section referred to as the ‘Committee’) to provide technical support and training services for individual water projects.

“(b) Composition.—The Committee shall consist of international investors, lenders, water service providers, suppliers, advisers, and others with a direct interest in accelerating development of water projects in the region.

“(c) Functions.—Members of the Committee shall act as field advisers and may form specialized working groups to provide in-country training and technical assistance, and shall serve as a source of technical support to resolve barriers to project development.

“SEC. 649. AUTHORIZATION OF APPROPRIATIONS.

“(a) In General.—There are authorized to be appropriated to the President $10,000,000 for each of the fiscal years 2003, 2004, and 2005 to carry out this subtitle.

“(b) Availability of Funds.—Funds appropriated pursuant to subsection (a) are authorized to remain available until expended.

“SEC. 650. REPORT.

“Eighteen months after the establishment of the program pursuant to section 643, the President shall submit a report to the appropriate congressional committees containing—

“(1) an assessment of the progress made in carrying out the program established under this subtitle; and

“(2) any recommendations for the enactment of legislation to make changes in the program established under this subtitle.

“SEC. 651. TERMINATION DATE.

“(a) In General.—Except as provided in subsection (b), the authorities of this subtitle shall terminate 3 years after the date of establishment of the program described in section 643.

“(b) Exception.—In lieu of the termination date specified in subsection (a), the termination required by that subsection shall take effect five years after the date of establishment of the program described in section 643 if, prior to the termination date specified in subsection (a), the President determines and certifies to the appropriate congressional committees that it would be in the national interest of the United States to continue the program described in such section 643 for an additional 2-year period.

“SEC. 652. EFFECTIVE DATE.

“This subtitle shall take effect 90 days after the date of enactment of this Act [Sept. 30, 2002].”

[For definition of “appropriate congressional committees” as used in subtitle D of title VI of div. A of Pub. L. 107–228, set out above, see section 3 ofPub. L. 107–228, set out as a note under section 2651 of this title.]