7. Energy Coordinating Committee Executive Order 12083, September 27, 1978, 43 F.R. 44813 By the authority vested in me as President by the Constitution of the United States of America, and in order to provide for the coordination of Federal energy policies, it is hereby ordered as follows: 1-1. Establishment of the Committee. 1-101. There is established an Energy Coordinating Committee, hereinafter referred to as the Committee. 1-102. The Committee shall be composed of the following, and such other members as the President may, from time to time, designate. (a) The Secretary of Energy, who shall be the Chairman. (b) The Secretary of State. (c) The Secretary of the Treasury. (d) The Secretary of Defense. (e) The Attorney General. (f) The Secretary of the Interior. (j) The Secretary of Health, Education, and Welfare. (m) The Special Representative for Trade Negotiations. (p) The Chairman of the Council on Environmental Quality. (q) The Administrator of the Environmental Protection Agency. (r) The Director of the Office of Science and Technology Policy. (s) The Administrator of General Services. (t) The Director of the National Science Foundation. (u) The Assistant to the President for National Security Affairs. (v) The Assistant to the President for Domestic Affairs and Policy. (w) The Chairman of the Nuclear Regulatory Commission, who is invited to be a member. 1-2. Functions of the Committee. 1-201. The Committee shall ensure that there is communication and coordination among Executive agencies concerning energy policy and the management of energy resources. 1-202. The Committee shall, from time to time, develop and consider recommendations for improvements in the implementation of Federal energy policies or the management of energy resources that involve two or more Executive agencies. 1-203. The functions of the Committee shall neither substitute for nor replace Executive Office of the President clearance, review, and decisionmaking procedures. Those procedures shall also be used for submitting to the President any of the conclusions or recommendations developed through the Committee's energy coordinating functions. 1-204. The Committee shall meet at the call of the Chairman. 1-3. Executive Council. 1-301. During periods when the Committee is not meeting, the functions of the Committee are delegated to an Executive Council. Meetings may be called by any regular member of the Council. 1-302. The Executive Council shall be composed of the following, and such others as may be appropriate due to the specific matters to be considered. (a) The Chairman of the Committee, who shall be Chairman of the Executive Council. (b) The Director of the Office of Management and Budget. (c) The Chairman of the Council of Economic Advisers. (d) The Assistant to the President for National Security Affairs. (e) The Assistant to the President for Domestic Affairs and Policy. 1-4. Revocation of a Prior Order. Executive Order No. 11814, as amended which provided for an Energy Resource Council, is revoked. 8. Environment and Natural Resources a. Environment and Natural Resources in Foreign Assistance (1) The Foreign Assistance Act of 1961, as Amended 1 Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961, as amended AN ACT To promote the foreign policy, security, and general welfare of the United States by assisting people of the world in their efforts toward economic development and internal and external security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Foreign Assistance Act of 1961". PART I Chapter 1-Policy; Development Assistance Authorizations Sec. 117.2 Environment and Natural Resources.-(a) 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 interests 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. 1 For complete text of the Foreign Assistance Act of 1961, as amended, see Legislation on Foreign Relations Through 1989, vol. I, beginning at page 15. 2 22 U.S.C. 2151p. Sec. 117 was redesignated from being sec. 118 by sec. 301(1) of Public Law 99-529, resulting in the creation of two sections 117. Sec. 301(2) of Public Law 99-529 (100 Stat. 3014) further deleted subsec. (d) of that section which dealt with tropical forests, and then sec. 301(3) of Public Law 99-529 added a new section 118 entitled "Tropical Forests". This section, as added by sec. 113 of Public Law 95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 95424 (92 Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), was further amended and restated by sec. 307 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533). This section previously read as follows: "Sec. 118. Environment and Natural Resources. (a) The President is authorized to furnish assistance under this part for developing and strengthening the capacity of less developed countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible restore the land, vegetation, water, wildlife and other resources upon which depend economic growth and human well-being especially that of the poor. "(b) In carrying out programs under this chapter, the President shall take into consideration the environmental consequence of development actions.". (b) In order to address the serious problems described in subsection (a), the President is authorized to furnish assistance under this part 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 wellbeing, especially of the poor. (c)(1) The President, in implementing programs and projects under this chapter, 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 chapter (A) to prepare and take fully into account an environmental impact statement for any program or project under this chapter 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 chapter 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. Sec. 118.3 Tropical Forests. (a) IMPORTANCE OF FORESTS AND TREE COVER.-In enacting section 103(b)(3) of this Act 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. Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as 3 Sec. 118 was added by sec. 301(3) of Public Law 99-529 (100 Stat. 3014). See also previous footnote. Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1228) provided assistance for programs relating to tropical forests. For text see page 394. well as genetic resources of value to developed and developing countries alike. (b) PRIORITIES.-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) ASSISTANCE TO DEVELOPING COUNTRIES.-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 slashand-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 |