§2151p–1 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must make protecting and managing tropical forests in developing countries a high priority when making foreign aid, trade, investment, and private-sector policies. Congress is concerned because loss of tropical forests leads to many harms, including shortages of wood, damaged wetlands and waterways, floods, harm to indigenous peoples, extinction of species, lower food production, loss of genetic resources, desertification, and a destabilized climate. When giving help to developing countries, the United States must, as much as possible, do many things: talk with partner countries about conserving forests and the policies that cause deforestation; support jobs and income options so people do not destroy forests and avoid settling new forest lands; fund training, education, and stronger institutions for better forest policies and land-use planning; help end slash-and-burn farming and promote stable, productive farming and agroforestry suited to local needs; conserve intact forests while increasing production on already cleared or degraded lands through reforestation and sustainable projects with local involvement; protect and restore forested watersheds; support better, sustainable timber harvesting and processing methods; fund research on forest management and alternatives to destruction; help conserve biodiversity by identifying and creating protected forest areas and, when appropriate, making protection a condition of support; raise awareness across U.S. agencies and donors; and use all relevant U.S. government resources. Any program that significantly affects tropical forests must be based on careful analysis of alternatives and environmental impacts. The United States must refuse assistance for logging equipment unless an environmental assessment shows the work will be environmentally sound and provide sustainable benefits, and must refuse aid that would seriously damage parks or introduce exotic species. It must also withhold help for converting forests to livestock, building roads through relatively undamaged forests, colonizing forest lands, or building dams that flood such lands unless an environmental assessment shows the action will directly improve the livelihoods of the rural poor and be environmentally sound. Whenever possible, projects should be run by private, voluntary, or local nongovernmental groups. USAID country plans must analyze what is needed to conserve tropical forests and how proposed actions meet those needs, and annual reports to Congress must describe how these requirements are being carried out.

Title 22, §2151p–1

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)In enacting section 2151a(b)(3) of this title the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss—

(1)result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous 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.

(b)The concerns expressed in subsection (a) and the recommendations of the United States Interagency Task Force on Tropical 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)In providing assistance 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 slash-and-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 other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation.

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

(9)To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations.

(10)To the fullest extent feasible, conserve biological diversity in forest areas by—

(A)supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in efforts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis;

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

(C)helping developing countries identify tropical forest ecosystems and species in need of protection and establish 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 immediate 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 part significantly affecting tropical forests (including projects involving 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,

(14)Deny assistance under this part 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 destruction and that the proposed activity will produce positive 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 part 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)Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located.

(e)Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—

(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)Each annual report required by section 2394(a) of this title shall include a report on the implementation of this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 118 of Pub. L. 87–195, pt. I, was renumbered section 117 and is classified to section 2151p of this title.

Executive Documents

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.

§2151p–1 Tropical forests