Aerial Eradication of Illicit Coca and Opium Poppy in Colombia
The Andean Counterdrug Initiative section of the Consolidated Appropriations Act, 2004 (Public Law 108-199) lays out conditions under which assistance using funds appropriated under the Andean Counterdrug Initiative may be made available for the procurement of chemicals for use in aerial eradication of illicit crops. In particular, Public Law 108-199 provides:
"That not more than 20 percent of the funds appropriated by this Act that are used for the procurement of chemicals for aerial coca and poppy fumigation programs may be made available for such programs unless the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency (EPA), certifies to the Committees on Appropriations that: (1) the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and any additional controls recommended by the EPA for this program, and with the Colombian Environmental Management Plan for aerial fumigation; and (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment: Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers whose illicit crops are targeted for fumigation:...."
This memorandum provides justification for the Secretary of State's determination and certification to Congress that the above conditions have been met as required. In 2002 and 2003, the Secretary of State determined and certified to Congress on similar conditions concerning human health and environmental safety issues related to the Colombia spray program. [full text]
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