127. Action Memorandum From the Deputy for Panama Canal Treaty Affairs
(Popper) to the Deputy
Secretary of State (Christopher)1
Washington, December 21, 1977
SUBJECT
- Statement to Environmental Groups on the Panama Canal
Treaties
Issue for Decision
Various environmental groups are concerned about protection of the
environment in the Canal Zone under the new Panama Canal Treaties and
about the Department’s compliance with the National Environmental Policy
Act (NEPA). If we can reassure them,
on your authority, on these points, a number of these groups might be
prepared to support the Treaties.
Essential Factors
We have met with representatives of the Sierra Club and other
environmental groups and found them concerned about the adequacy of
environmental protection measures under the Canal Treaties and about the
Department’s compliance with the NEPA.
While we believe we have been able to allay their concerns, they would
like a statement of assurances from you which they could use with their
directors and members to win their support for the Treaties. On this
basis, several of the groups might be prepared to campaign for approval
of the Treaties.
We have prepared the attached statement, which we have ascertained meets
the concerns of these groups, for your approval. In addition to giving
it to the groups with which we have met, we would propose to issue it
together with the Final Environmental Impact Statement on the Panama
Canal Treaties, which is now ready for distribution.2
The representatives of these environmental groups have also suggested
that it would be helpful if you would include some of the assurances in
this Statement in your next speech on the Canal Treaties. [Page 352] We understand that you will be
speaking on Panama next month and have attached points which you might
use in your speech.3
Recommendations:
1. That you approve and sign the attached Statement on the Panama Canal
Treaties and Environmental Protection.4
2. That you include assurances from this Statement in an early speech on
the Panama Canal Treaties drawing on the attached Talking Points.5
Attachment
Statement on the Panama Canal Treaties and
Environmental Protection
6
Since Panama’s unique geographic location makes it important to the
environment of many nations, both the United States and Panama are
conscious of the need to protect the environment and respond to the
public health needs of the Canal Zone and the surrounding area.
During the negotiation of the Panama Canal treaties, the Department
of State and other agencies of the United States Government
recognized the serious environmental implications of the treaties’
key provisions. The United States noted that the transfer of large
tracts of essentially undeveloped territory, comprising much of the
Canal Zone, to a country energetically engaged in economic
development could seriously impact on the ecology of the area.
Accordingly, the negotiators included Article VI as an integral part
of the Panama Canal Treaty. In that article, the United States and
Panama commit themselves to implement the treaty “in a manner
consistent with the protection of the natural environment.” The
article also provides for the establishment of a Joint Commission on
the Environment, which is to recommend environmental protection
measures to the two governments.
[Page 353]
Such is the framework for environmental action established by the
written instrument. However, it will only be through the joint
effort of the two governments, following ratification of the
treaties, that the commitments made in the treaties will come into
effect. For the United States, this will entail provision of
relevant information about the Canal Zone and its resources,
technical assistance, as well as resources needed to carry out
effective programs of environmental protection. To that end, the
U.S. Agency for International
Development is developing a project, in cooperation with the
Panamanian Government, to provide it with the capability to carry
out sound land and water management and reforestation programs.
On the Panamanian side, our diplomatic mission in Panama has noted
that the Panamanian Government is taking environmental concerns
seriously and has attached a high priority to the problem of
protecting the Canal watershed. As evidence of this, the mission
reports that both the Panamanian Minister of Planning and the Vice
Minister of Agriculture have recently pressed for early
implementation of the AID Watershed
Management Project. Moreover, in addition to the provisions
contained in the Panama Canal Treaty, there is also a basis in
international law for U.S. and
Panamanian cooperation on environmental matters since both countries
are parties to the 1954 International Convention for the Prevention
of Pollution of the Sea by Oil and the 1940 Convention on Nature
Protection and Wildlife Preservation in the Western Hemisphere,
which established Barro Colorado Island as a Nature Monument.
It is our intention that the Joint Environmental Commission shall
have the staff and financial support it needs to be effective. We
will propose that the American members of this Commission include
leading science and environmental figures as well as others from the
private and public sector. In addition, reports on the state of the
environment in the Canal Zone and the surrounding watershed will be
assembled and indexed. Federal agencies with expertise relevant to
Canal Zone issues will assist in developing information for the
Joint Commission on matters which require priority attention. And,
recognizing the importance of base-line data showing the current
state of Canal Zone ecosystems, including air and water quality,
marine life in the adjacent oceans, and flora and fauna, the U.S. will cooperate with the Panamanian
Government in assembling that data espeditiously.
The National Environmental Policy Act (NEPA) has provided useful guidance in drafting the
Panama Canal treaties so as to avoid or mitigate the adverse
environmental effects which might result from the implementation of
the treaties. We recognized the importance of the NEPA procedures in formulating
environmentally sound policies as well as the value of public
participation in the NEPA review
process. [Page 354] The final
Environmental Impact Statement (EIS) on the Panama Canal treaties, prepared in accordance
with the NEPA and issued on
December 27,8 discussed those issues which will be addressed
by the Joint Environmental Commission. And, the public comments
submitted regarding the draft EIS
have been carefully considered and are reflected in the final
Statement. More specifically, the final Environmental Impact
Statement discusses current and transitional steps needed to protect
the Pipeline Road and other important forest areas. It also analyzes
the need for a forestry management program and the dangers to flora,
fauna and soils should the natural resources of the Canal Zone not
be adequately protected.
Finally, in addition to Article VI, Article XII of the Panama Canal
Treaty addresses the question of expansion of the existing Panama
Canal to accommodate a larger volume of traffic. In that article,
Panama grants to the United States “the right to add a third lane of
locks to the existing Panama Canal.” With respect to a possible
sea-level canal, the article provides for a study of the feasibility of such a canal without making a
decision or commitment that a sea-level canal will be built. Any
study of the construction of a sea-level canal will seek to be both
thorough and objective as it examines both the economic as well as
the engineering feasibility of such a project. In addition, the
study would fully explore the environmental consequences of a
sea-level canal and would address the problems identified in the
reports of the National Academy of Sciences. Moreover, an
Environmental Impact Statement would be prepared in accordance with
the provisions of the National Environmental Policy Act. Finally, I
should note here that we do not intend to use nuclear excavation
techniques in connection with any effort to enlarge the capacity of
the Panama Canal or build a new canal, both for environmental
reasons and because of the terms of the nuclear test ban treaty.
In sum, we believe that the new Panama Canal treaties offer a
significant opportunity for cooperation between Panama and the
United States, not only in the operation of an important
international waterway, but also in safeguarding the unique
environment which forms part of the Canal Zone.
Warren
Christopher
Acting Secretary
