2003

Secretary of State Colin L. Powell's certification to Congress on issues related to the aerial eradication of illicit crops in Colombia, as required by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Division E, Consolidated Appropriations Resolution, 2003 (P.L. 108-7) (“ FY 2003 FOAA”)

In accordance with the FY2003 FOAA, the Secretary of State delivered to Congress on December 15, 2003 his certification on the U.S.-supported aerial eradication program in Colombia. This certification responds to the following requirements of the FY2003 FOAA:

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 EPA for this program, and with the Colombian Environmental Management Plan for aerial fumigation; (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks of adverse effects to humans or the environment; (3) complaints of harm to health or licit crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims; and 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.

The Secretary's certification and attachments can be viewed through the links below. As mandated in the legislation, the State Department consulted with the Administrator of the United States Environmental Protection Agency (EPA); EPA's written response is also included in the Secretary's certification.

Please send comments to: U.S. Department of State, Bureau for International Narcotics and Law Enforcement Affairs, ATTN: Public Affairs/Spray Report, 2201 C Street, NW, Room 7334, Washington, DC 20520.

Contents

Certification Related to Aerial Eradication in Colombia Under the Andean Counter Drug Initiative Section of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Division E, Consolidated Appropriations Resolution, 2003 (P.L. 108-7)
Memorandum of Justification Concerning the Aerial Eradication of Coca and Opium Poppy in Colombia
Attachments to Memorandum of Justification
1. Secretary of State letter to U.S. Environmental Protection Agency (EPA) Administrator Whitman to request written consultation, April 9, 2003. (Will be posted when available)
2. “Department of State Updated Report on Chemicals used in the Colombian Aerial Eradication Program,” with attachments, provided to EPA, April 9, 2003.
3. EPA Assistant Administrator Stephen Johnson letter of response to the Secretary of State, with attached document: “U.S. Environmental Protection Agency Office of Pesticide Programs Details of the 2003 Consultation for the Department of State Use of Pesticide for Coca and Poppy Eradication Program in Colombia” (“EPA 2003 Analysis”), June 9, 2003.
4. 2002 “Office of Pesticide Programs Details of the Consultation for Department of State: Use of Pesticide for Coca Eradication Program in Colombia” (“2002 EPA Analysis”).
5. Toxicologist's report form investigation of complaint of poisoning from spraying of coca in Tibu (Norte de Santander Department), February 2003. (Not available online.)
6. Letter to file regarding March, 2003 reports that the Pasto (Narino Department) hospital had cases of children suffering health problems from spraying, November 17, 2003.
7. Toxicologist's report from investigation of complaint of poisoning from spraying of coca on San Pablo (Bolivar Department), July 4, 2003.
8. The Government of Colombia's Environmental Management Plan for Aerial Eradication of Illicit Crops.
  1. Resolution No. 1054 of the Ministry of Environment, Housing, and Regional Development, September 30, 2003.
9. Government of Colombia's Vice Minister of Environment Juan Pablo Bonilla letter to Ambassador Wood, November 5, 2003.