Page:United States Statutes at Large Volume 123.djvu/3396

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123STA T . 33 76PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9unles s th e S e cr et a r yof State cert i fies to the C o m mittees on Ap pro - priations that any complaints of harm to health or licit crops cause db y such aerial eradication are thorou g hly in v estigated and evaluated , and fair compensation is being paid in a timely manner for meritorious claims

Provide

d fu r th er ,T hat such funds may not be made available for such purposes unless programs are being implemented by the U nited States Agency for I nternational D evelopment, the G overnment of Colombia, or other organi z ations, in consultation and coordination w ith local communities, to provide alternative sources of income in areas where security permits for small-acreage growers and communities whose illicit crops are tar- geted for aerial eradication: Provided further, That none of the funds appropriated by this Act for assistance for Colombia shall be made available for the cultivation or processing of African oil palm, if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may not be used for aerial eradication in Colombia ’ s national par k sor reserves unless the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws .( b ) A P P LICAB ILI TYOFF I S CAL YE A R20 0 9P RO V ISIO N S. — ( 1 )IN G ENERAL.— Ex cept as provided in paragraph (2), the provisions of subsections (b) through (f) of section 7 0 46 of the Department of State, Foreign O perations, and R elated Pro- grams Appropriations Act, 2009 (division H of Public L aw 111 –8 ) shall apply to funds appropriated or otherwise made avail- able by this Act for assistance for Colombia to the same extent and in the same manner as such provisions of law applied to funds appropriated or otherwise made available by such other Act for assistance for Colombia. (2) E X CEPTIONS.—The following provisions of section 7046 of division H of Public Law 111–8 shall apply to funds appro- priated or otherwise made available by this Act for assistance for Colombia as follows: (A) Subsection (b)(1)( B ) is amended by striking clause (iv) and inserting the following: ‘ ‘(iv) That the Government of Colombia is respecting the rights of human rights defenders, j ournalists, trade unionists, political opposition and religious leaders, and indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.’’. (B) Subsection (b)(2) is amended by striking ‘‘ J uly 3 1, 2009’’ and inserting ‘‘July 31, 2010’’. (C) Subsection (b)(3) is amended by striking ‘‘Andean Counterdrug Programs’’ and inserting ‘‘International N ar- cotics Control and Law Enforcement’’. (D) Subsection (c) is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2010’’. (E) Subsection (d)(1) is amended— (i) by striking ‘‘ $ 16,769,000’’ and inserting ‘‘$18,606,000’’

and Ante,p.8 88. Certif i ca ti on .