22 U.S.C. § 262m-7 : US Code - Section 262M-7: Assessment of environmental impact of proposed multilateral development bank actions

Search 22 U.S.C. § 262m-7 : US Code - Section 262M-7: Assessment of environmental impact of proposed multilateral development bank actions

(a) Assessment required before favorable vote on proposal
The Secretary of the Treasury shall instruct the United States
Executive Director of each multilateral development bank not to
vote in favor of any proposal (including but not limited to any
loan, credit, grant, guarantee) which would result or be likely to
result in significant impact on the environment, unless the
Secretary, after consultation with the Secretary of State and the
Administrators of the United States Agency for International
Development and the Environmental Protection Agency, determines
that for at least 120 days before the date of the vote -
(1) an assessment analyzing the environmental impacts of the
proposed action, including associated and cumulative impacts, and
of alternatives to the proposed action, has been completed by the
borrower or the bank and has been made available to the board of
directors of the bank; and
(2) such assessment or a comprehensive summary of the
assessment (with proprietary information redacted) has been made
available to affected groups, and local nongovernmental
organizations and notice of its availability in the country and
at the bank has been posted on the bank's website.
(b) Access to assessments in all member countries
The Secretary of the Treasury shall seek the adoption of policies
and procedures, through discussions and negotiations with the other
member countries of the multilateral development banks and with the
management of such banks, which result in access by governmental
agencies and interested members of the public of such member
countries, to environmental assessments or documentary information
containing comprehensive summaries of such assessments which
discuss the environmental impact of prospective projects and
programs being considered by such banks. Such assessments or
summaries should be made available to such governmental agencies
and interested members of the public at least 120 days before
scheduled board action, and public participation in review of the
relevant environmental information should be encouraged.
(c) Consideration of assessment
The Secretary of the Treasury shall -
(1) ensure that an environmental impact assessment or
comprehensive summary of such assessment described in subsection
(a) of this section accompanies loan proposals through the agency
review process; and
(2) take into consideration recommendations from all other
interested Federal agencies and interested members of the public.
(d) Development of procedures for systematic environmental
assessment
The Secretary of the Treasury, in consultation with other Federal
agencies, including the Environmental Protection Agency, the
Department of State, and the Council on Environmental Quality,
shall -
(1) instruct the United States Executive Director of each
multilateral development bank to initiate discussions with the
other executive directors of the respective bank and to propose
that the respective bank develop and make available to member
governments of, and borrowers from, the respective bank, within
18 months after December 19, 1989, a procedure for the systematic
environmental assessment of development projects for which the
respective bank provides financial assistance, taking into
consideration the Guidelines and Principles for Environmental
Impact Assessment promulgated by the United Nations Environmental
Programme and other bilateral or multilateral assessment
procedures; and
(2) in determining the position of the United States on any
action proposed to be taken by a multilateral development bank,
develop and prescribe procedures for the consideration of, among
other things -
(A) the environmental impact assessment of the action
described in subsection (a) of this section;
(B) interagency and public review of such assessment; and
(C) other environmental review and consultation of such
action that is required by other law.
(e) Use of United States personnel
The Secretary of the Treasury, in consultation 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, the Administrator of the Agency for
International Development, and the Administrator of the National
Oceanic and Atmospheric Administration, shall -
(1) make available to the multilateral development banks,
without charge, appropriate United States Government personnel to
assist in -
(A) training bank staff in environmental impact assessment
procedures;
(B) providing advice on environmental issues;
(C) preparing environmental studies for projects with
potentially significant environmental impacts; and
(D) preparing documents for public release, and developing
procedures to provide for the inclusion of interested
nongovernmental organizations in the environmental review
process; and
(2) encourage other member countries of such banks to provide
similar assistance.
(f) Reports
(1) In general
The Secretary of the Treasury shall submit to the Committees on
Foreign Relations and Environment and Public Works of the Senate
and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives -
(A) not later than the end of the 1-year period beginning on
December 19, 1989, a progress report on the efficacy of efforts
by the United States to encourage consistent and timely
environmental impact assessment of actions proposed to be taken
by the multilateral development banks and on the progress made
by the multilateral development banks in developing and
instituting environmental assessment policies and procedures;
and
(B) not later than January 1, 1993, a detailed report on the
matters described in subparagraph (A).
(2) Availability of reports
The reports required by paragraph (1) shall be made available
to the member governments of, and the borrowers from, the
multilateral development banks, and to the public.
(g) Multilateral development bank defined
In this title,(!1) the term "multilateral development bank" means
the International Bank for Reconstruction and Development, the
European Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Multilateral Investment Guarantee Agency, the African Development
Bank, the African Development Fund, the Asian Development Bank, the
Inter-American Development Bank, the Inter-American Investment
Corporation, any other institution (other than the International
Monetary Fund) specified in section 262r(c)(2) of this title, and
any subsidiary of any such institution.