Page:United States Statutes at Large Volume 103 Part 3.djvu/443

 PUBLIC LAW 101-240—DEC. 19, 1989 103 STAT. 2511 Subtitle C—Environmental Impact Assessments SEC 521. ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED MULTILATERAL DEVELOPMENT BANK ACTIONS. Title Xm of the International Financial Institutions Act (22 U.S.C. 262m et seq.) is amended by adding at the end the following: "SEC 1308. ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED 22 USC 262m-7. BfULTILATERAL DEVELOPMENT BANK ACTIONS. "(a) ASSESSMENT REQUIBED BEFORE FAVORABLE VOTE ON ACTION.— "(1) IN GENERAL.—^B^inning 2 years after the date of the enactment of this section, the Secretary of the Treasury shall instruct the United States Executive Director of each multilat- eral development bank not to vote in favor of any action \. proposed to be taken by the respective bank which would have a si^ificant effect on the human environment, unless for at least 120 days before the date of the vote— "(A) an assessment analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the borrowing country or the institution, and been made available to the board of direc- tors of the institution; and "(B) except as provided in paragraph (2), such assessment or a comprehensive summary of such assessment has been made available to the multilateral development bank, affected groups, and local nongovernmental organizations. " (2) ExCEFnONS AND REPORTS. — "(A) ElxcEPTiONS.—The requirement of paragraph (I)(B) Classified shall not apply where the Secretary finds compelling rea- information. sons to beUeve that disclosure in any case descril^ in paragraph (1) would jeopardize the confidential relationship between the borrower country and the respective bank. "(B) REPORTS BY SECRETARY.— The Secretary shall submit a quarterly report in writing to the Committees specified in subsection (0(1) of the findings described in subpara- graph (A). "(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 men^r countries of the multilateral development banks and with the management of such banks, which result in access by govern- mental agencies and interested members of the public of such member countries, to environmental assessments or documentary information containing comprehensive summaries of such assess- ments which discuss the environmental impact of prospective projects and programs being considered by such banks. Such assess- Public ments or summaries should be made available to such governmental information. agencies and interested members of the public at least 120 days before scheduled board action, and public participation in review of the r^evant environmental information should be encouraged. "(c) CoNsmsRATiON OF ASSESSMENT.—The Secretary of &e Treas- ury shall— "(1) ensure that an environmental impact assessment or com- prehensive summary of such assessment described in subsection

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