Billing Code 4710-17 DEPARTMENT OF STATE Public Notice Certification Related to Aerial Eradication in Colombia Under the International Narcotics Control and Law Enforcement Section of : the Department of State Foreign Operations and Related Programs Appropriations Act, 2010 (Division F, P.L. 111-117) as carried forward by the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (iv. B, Title XI, PLL. 112-10) Pursuant to the authority vested in the Secretary of State, including under the International Narcotics Control and Law Enforcement section of the Department of State Foreign Operations and Related Programs Appropriations Act, 2010, (vision F, P.L. 111-117), as carried forward by The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Div. B, Title XI, P.L. 112-10), I hereby determine and certify that: (1) the herbicide used for aerial eradication of illicit crops in Colombia is being used in accordance with EPA label requirements for comparable use in the United States and in accordance with Colombian laws; (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment including endemic species; and (3) complaints of harm to health or licit crops caused by such aerial eradication are thoroughly evaluated and fair compensation is being paid in a timely manner for meritorious claims. This certification shall be published in the Federal Register, and copies shall be transmitted to the appropriate committees of Congress. sit iy th Cot Date Hillary Rodham Clinton Secretary\gf State* Note: This document is formatted per requirements for publicat Federal Register according to A/RPS/DIR.Memorandum of Justification Concerning the Secretary of State’s 2011 Certification of Conditions Related to the Aerial Eradication of Illicit Coca in Colombia The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Div. B, Title XI, P.L. 112-10), which carries forward provisions of the Department of State, Foreign Operations, and Related Programs Appropriations Act (SFOAA), 2010 (Division F, P.L. 111-117), establishes certain conditions for which assistance using funds appropriated under the heading International Narcotics Control and Law Enforcement may be made available for the procurement of chemicals for use in the aerial eradication of illicit crops if the Secretary of State certifies that those conditions are being met. ‘The Memorandum of Justification accompanying the Secretary of State’s previous certification of August 31, 2010, provides extensive additional information concerning human health and environmental safety issues related to the Colombia spray program, as do earlier Memorandums of Justification for certifications to Congress submitted annually since 2002. These certifications were based on, among other information: all available scientific data on glyphosate, the herbicide used by the program; toxicological tests of the spray mixture (water, glyphosate, and a surfactant) as well as comparative soil and water samples before and after spray; active field verifications and complaint investigations; comprehensive human health monitoring; and thorough verbal and written consultations on the spray program with USDA and EPA, as well as the Government of Colombian. Since the Colombia aerial eradication program has not made any changes in the chemical formulation or application methods used for eradication of coca since the Secretary of State’s last certification, these prior certifications and attachments serve as the foundation for this certification. Following are the certification requirements and a review of how they are being met. 1. The herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and with Colombian laws. EPA has confirmed to the Department of State in previous consultations that application rates for coca eradication in Colombia are within the parameters listed on labels of glyphosate products registered by EPA for use in the United States. Since neither the application rates used by the Colombia eradication program nor the EPA-registered label recommendations have changed since 2004, the SecretaryBs certifies to Congress that the herbicide mixture continues to be used in accordance with EPA label requirements for comparable use in the United States. With respect to Colombian laws, the Colombian Minister of the Environment, Housing, and Territorial Development determined in July 2004 that the illicit crop eradication program is being conducted in compliance with the Environmental Management Plan for aerial eradication (EMP). Since that determination, there have been no substantive changes in the execution of the illicit crop eradication or to the EMP. The spray program’s compliance with other Colombian laws governing aetial eradication was reconfirmed by the October 19, 2004, final resolution of a class action suit filed in 2002 against the aerial eradication program on environmental and human health grounds. The Colombian Administrative Tribunal, Colombia’s highest administrative court, upheld the Government of Colombia’s appeal of a 2003 lower court’s ruling to halt aerial eradication. On February 21, 2007, the State Council upheld this decision in a ruling on a class action suit filed in May 2006 against the aerial eradication program on environmental grounds. Both of these findings represent a definitive legal basis of the methods used for spraying illicit crops in Colombia and of the integrity of existing environmental oversight mechanisms. 2. The herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment, including endemic species. The Secretary of State determined and certified in 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2010, that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment. In 2007, 2008, 2009, and 2010, the Secretary of State determined and certified that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment, including endemic species. After previous consultations with EPA, the Department of State and the Government of Colombia have incorporated all EPA recommendations to strengthen spray program controls and ensure increased protection against adverse effects to humans and the environment. The Department of State is not aware of any new evidence of risks or adverse effects to humans or the environment that may have become known since the 2010 certification. An extensive review of the conditions that allowed the Secretary of State to re-certify to Congress in 2010 that the herbicide mixture, in the manner it is being used, does not pose unreasonable-3- * risks or adverse effects to humans or the environment, including endemic species was provided in the 2010 Memorandum of Justification. Since the inception of the health complaints program, there have been no verified cases of human health damage due to aerial spraying of coca or poppy, although all claims have been vigorously investigated, The Department of State believes that the program’s rigid controls and operational guidelines have decreased the likelihood of adverse impacts of the eradication program on humans and the environment and that the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment. This conclusion was confirmed by an objective, independent scientific study that evaluated the Colombia illicit crop eradication program and its potential human health and environmental considerations. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) ‘commissioned a two-year risk assessment of human health and environmental effects related to aerial eradication of illicit crops in Colombia. The final report to CICAD has been provided in previous Memorandums of Justification and can be found at: http://www.cicad.oas.org/en/glifosateFinalReport.pdf. In August 2009, the results of further studies from a follow-on project funded by CICAD were published. The outcome was a series of 10 peer-reviewed scientific papers, whose conclusions were that spraying has not caused damage to humans or wildlife and that damage from drug crop production and processing, clearly outweighs the negligible risks from exposure to glyphosate due to aerial spraying. The various components of this follow-on investigation are available at: http:/Avww.informaworld.com/smpp/title~db=all~content=g9 13842708. 3. Complaints of harm to health or licit crops caused by such aerial eradication are thoroughly evaluated, and fair compensation is being paid in a timely manner for meritorious claims. The Government of Colombia continues to investigate and compensate all meritorious claims fairly. All complaints are processed and verified by an interagency group, including the Colombian National Police’s Antinarcotics Directorate (DIRAN), agronomists from the Colombian Institute of Agriculture and Husbandry (ICA), the Ministry of Environment, and the Office of Dangerous Drugs (DNE). In most cases, compensation hinges on very basic issues, such as whether planes sprayed in the vicinity of the complainant’s property on the day alleged;-4- whether the complainant owns the allegedly sprayed property; whether the legal crop sprayed was intermixed with illegal crops; and whether the affected crop suffered damage from the spray mixture, as opposed to fungus, insects, or other causes. If the spray pilots have erred and accidentally sprayed licit crops, compensation is paid to the farmer for the loss of the crop, based on current market value of the crop. The following information on claims, their evaluation and compensation paid covers the period January 1 through December 31, 2010: » During this calendar year, the DIRAN received 1,038 complaints, of which all but 118 were resolved in 2010. Twenty-seven, or 2.6 percent, of these complaints were rejected, since they were submitted after the Government of Colombia approved deadline of 20 calendar days following the spray event in question. Another thirty-nine, or 3.8 percent, were rejected because no spray occurred in the area on the day alleged. © Of the 854 complaints investigated and closed in 2010, 402, or 47 percent, were denied due to incomplete documentation provided by the complainant. (In cases of incomplete documentation, the complainant is notified and has sixty days to respond to the request for further explanation.) Four hundred fifty-two, or 53 percent were denied due to incontrovertible indications that coca plants had been mixed with legitimate crops or because of calculations that spray occurred too far from the plot to cause drift damage. © In 2010, less than one percent of complaints accepted for investigation were determined to be valid. Total compensation in the amount of USD$6,000 was paid to close these six valid complaints. These persons were located in Nariio (USD$3,200), Bolivar (USD$2,500), and Antioquia ($300). Each valid health complaint is thoroughly investigated by a licensed health official. Complaints are submitted to the local health authorities in the city where the alleged exposure occurred, The local doctor performs a medical examination and sends a report detailing his findings to the National Institute of Health (INS) in Bogota, explaining the patient’s medical condition and when and where spray allegedly occurred. The antinarcotics police will confirm whether or not spray operations occurred in the specified area on the stated date. If spray operations are confirmed and it is believed that the patient’s health problem could be the result of exposure to aerial spray, INS will dispatch a doctor to analyze the case’s details and collect blood and urine samples for analysis.= 5s In emergency situations, an INS doctor is immediately sent to the location upon hearing of a possible health complaint. He/she will perform a medical examination and collect body fluid samples. This situation has occurred only twice, in September 2007 and March 2908. In both cases, glyphosate was determined not to be the cause. In 2010, five health complaints were received; after review of medical records and reports, none of the ailments were found attributable to the spray program. 4, Programs are being implemented by United States Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local communities, to provide alternative sources of income in areas where security permits for small-acreage growers and communities whose illicit crops are targeted for aerial eradication. In calendar year 2011, the Colombian government ’s aerial eradication program has sprayed ~ or anticipates spraying -- coca in the departments of Antioquia, Bolivar, Boyacd, Caqueté, Cauca, Choco, Cérdoba, Guaviare, Meta, Narifio, Norte de Santander, Putumayo, Santander, Valle de Cauca, and Vichada. In each of these areas, USAID, the Government of Colombia, and/or other organizations are implementing alternative development programs in consultation and coordination with local communities to provide legal income generating opportunities to small farm families who agree to accept benefits after verification by the Government of Colombia and USAID implementing partners that their properties and the areas where assistance projects will be implemented are free of illicit crops. USAID Program: USAID’s alternative livelihoods programs target areas of rural Colombia that are vulnerable to the production of illicit crops. Since fiscal year 2002 through fiscal year 2010, these programs have assisted approximately 483,221 families, Supported 468,515 hectares of legal crops and 295,221 hectares of sustainable forestland. 1,786 communities and producer organizations made up of 226,374 families have signed ‘illicit-free’ agreements. During fiscal year 2010 these programs also created over 151,564 full-time equivalent jobs.