[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 618 Reported in Senate (RS)]
<DOC>
Calendar No. 368
118th CONGRESS
2d Session
S. 618
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Coons (for himself, Mr. Graham, Mr. Whitehouse, Mr. Tillis, Mr.
Heinrich, Mr. Boozman, Mr. Ricketts, Mr. Kaine, and Mr. Scott of South
Carolina) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
May 7, 2024
Reported by Mr. Cardin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``United States Foundation
for International Conservation Act of 2023''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (B) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (C) the Committee on Appropriations of the
House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Foreign Affairs of
the House of Representatives.</DELETED>
<DELETED> (2) Board.--The term ``Board'' means the Board of
Directors established pursuant to section 4(a).</DELETED>
<DELETED> (3) Director.--The term ``Director'' means--
</DELETED>
<DELETED> (A) an initial member of the Board
appointed pursuant to section 4(a)(2)(C); or</DELETED>
<DELETED> (B) a member of the Board selected to fill
a vacancy pursuant to section 4(a)(3)(B).</DELETED>
<DELETED> (4) Eligible country.--The term ``eligible
country'' means any of the countries described in section
7(b).</DELETED>
<DELETED> (5) Eligible project.--The term ``eligible
project'' means any of the projects described in section
7(a)(2).</DELETED>
<DELETED> (6) Executive director.--The term ``Executive
Director'' means the Executive Director of the Foundation hired
pursuant to section 4(b).</DELETED>
<DELETED> (7) Foundation.--The term ``Foundation'' means the
United States Foundation for International Conservation
established pursuant to section 3(a).</DELETED>
<DELETED> (8) Secretary.--The term ``Secretary'' means the
Secretary of State.</DELETED>
<DELETED>SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL
CONSERVATION.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
establish the United States Foundation for International
Conservation.</DELETED>
<DELETED> (2) Independence.--The Foundation is not an agency
or instrumentality of the United States Government.</DELETED>
<DELETED> (3) Tax-exempt status.--The Board shall take all
necessary and appropriate steps to ensure that the Foundation
is an organization described in subsection (c) of section 501
of the Internal Revenue Code of 1986, which exempts the
organization from taxation under subsection (a) of such
section.</DELETED>
<DELETED> (4) Termination of operations.--The Foundation
shall terminate operations on the date that is 10 years after
the date on which it is established pursuant to paragraph
(1).</DELETED>
<DELETED> (b) Purposes.--The purposes of the Foundation are--
</DELETED>
<DELETED> (1) to promote effective, long-term management of
protected and conserved areas and their contiguous buffer zones
in eligible countries;</DELETED>
<DELETED> (2) to advocate for, incentivize, accept, and
administer governmental and nongovernmental funds, including
donations from the private sector, to increase the availability
and predictability of financing for long-term management of
protected and conserved areas;</DELETED>
<DELETED> (3) to close critical gaps in public international
conservation efforts by--</DELETED>
<DELETED> (A) increasing private sector investment,
including investments from philanthropic entities;
and</DELETED>
<DELETED> (B) collaborating with partners providing
bilateral and multilateral financing to support
enhanced coordination;</DELETED>
<DELETED> (4) to identify and financially support
implementation-ready projects--</DELETED>
<DELETED> (A) that promote long-term management of
protected and conserved areas and their contiguous
buffer zones in eligible countries, including
supporting the management of terrestrial, coastal,
freshwater, and marine protected areas, parks,
community conservancies, indigenous reserves,
conservation easements, and biological reserves;
and</DELETED>
<DELETED> (B) that provide effective area-based
conservation measures, consistent with internationally
recognized best practices and standards for
environmental and social safeguards; and</DELETED>
<DELETED> (5) to coordinate with, and otherwise support and
assist, foreign governments, private sector entities, local
communities, Indigenous Peoples, and other stakeholders in
undertaking biodiversity conservation activities--</DELETED>
<DELETED> (A) to achieve sustainable biodiversity
conservation outcomes; and</DELETED>
<DELETED> (B) to improve local security, governance,
food security, and economic opportunities.</DELETED>
<DELETED>SEC. 4. GOVERNANCE OF THE FOUNDATION.</DELETED>
<DELETED> (a) Board of Directors.--</DELETED>
<DELETED> (1) Governance.--The Foundation shall be governed
by a Board of Directors.</DELETED>
<DELETED> (2) Composition.--</DELETED>
<DELETED> (A) In general.--The Board shall be
composed of--</DELETED>
<DELETED> (i) the Directors described in
subparagraph (B); and</DELETED>
<DELETED> (ii) Appointed Directors described
in subparagraph (C).</DELETED>
<DELETED> (B) Directors.--The following individuals,
or designees of such individuals, shall serve as
Directors:</DELETED>
<DELETED> (i) The Secretary of
State.</DELETED>
<DELETED> (ii) The Administrator of the
United States Agency for International
Development.</DELETED>
<DELETED> (iii) The Secretary of the
Interior.</DELETED>
<DELETED> (iv) The Chief of the United
States Forest Service.</DELETED>
<DELETED> (v) The Administrator of the
National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> (C) Appointed directors.--The Secretary,
in consultation with the other Directors described in
subparagraph (B), shall appoint, as Directors of the
Board--</DELETED>
<DELETED> (i) 4 private-sector committed
donors; and</DELETED>
<DELETED> (ii) 5 independent experts who
represent diverse points of view, to the
maximum extent practicable.</DELETED>
<DELETED> (D) Qualifications.--Each independent
expert appointed pursuant to subparagraph (C) shall be
knowledgeable and experienced in matters relating to--
</DELETED>
<DELETED> (i) international
development;</DELETED>
<DELETED> (ii) protected area management and
the conservation of global biodiversity, fish
and wildlife, ecosystem restoration,
adaptation, and resilience; and</DELETED>
<DELETED> (iii) grantmaking in support of
international conservation.</DELETED>
<DELETED> (E) Chairperson.--The Board shall elect,
from among its Directors, a Chairperson, who shall
serve for a 2-year term.</DELETED>
<DELETED> (3) Terms; vacancies.--</DELETED>
<DELETED> (A) Terms.--</DELETED>
<DELETED> (i) In general.--The term of
service of each Director appointed pursuant to
paragraph (2)(C) shall be not more than 5
years.</DELETED>
<DELETED> (ii) Initial appointed
directors.--Of the initial Directors appointed
pursuant to paragraph (2)(C)--</DELETED>
<DELETED> (I) 5 Directors, including
at least 2 private-sector committed
donors, shall serve for 4 years;
and</DELETED>
<DELETED> (II) 4 Directors shall
serve for 5 years, as determined by the
Chairperson of the Board.</DELETED>
<DELETED> (B) Vacancies.--Any vacancy in the
membership of the appointed Directors of the Board--
</DELETED>
<DELETED> (i) shall be filled in accordance
with the bylaws of the Foundation by a private-
sector committed donor or an independent expert
who meets the qualifications under subparagraph
(C)(ii)(A), as applicable, as represented by
the vacating Director;</DELETED>
<DELETED> (ii) shall not affect the power of
the remaining appointed Directors to execute
the duties of the Board; and</DELETED>
<DELETED> (iii) shall be filled by an
individual selected by the Board.</DELETED>
<DELETED> (4) Quorum.--A majority of the current membership
of the Board shall constitute a quorum for the transaction of
Foundation business.</DELETED>
<DELETED> (5) Meetings.--</DELETED>
<DELETED> (A) In general.--The Board shall meet at
the call of the Chairperson not less frequently than
annually.</DELETED>
<DELETED> (B) Initial meeting.--Not later than 60
days after the Board is established pursuant to section
3(a), the Secretary shall convene a meeting of the ex-
officio Directors and the appointed Directors of the
Board to incorporate the Foundation.</DELETED>
<DELETED> (C) Removal.--Any Director who misses 3
consecutive regularly scheduled meetings may be removed
from the Board.</DELETED>
<DELETED> (6) Reimbursement of expenses.--Directors of the
Board shall serve without pay, but may be reimbursed for the
actual and necessary traveling and subsistence expenses
incurred in the performance of the duties of the
Foundation.</DELETED>
<DELETED> (7) Not federal employees.--Appointment as a
Director of the Board shall not constitute employment by, or
the holding of an office of, the United States for purposes of
any Federal law.</DELETED>
<DELETED> (8) Duties.--The Board shall--</DELETED>
<DELETED> (A) establish bylaws for the Foundation in
accordance with paragraph (9);</DELETED>
<DELETED> (B) provide overall direction for the
activities of the Foundation and establish priority
activities;</DELETED>
<DELETED> (C) carry out any other necessary
activities of the Foundation;</DELETED>
<DELETED> (D) evaluate the performance of the
Executive Director; and</DELETED>
<DELETED> (E) not less frequently than annually,
consult and coordinate with stakeholders qualified to
provide advice, assistance, and information regarding
effective protected and conserved area
management.</DELETED>
<DELETED> (9) Bylaws.--</DELETED>
<DELETED> (A) In general.--The bylaws established
pursuant to paragraph (8)(A) may include--</DELETED>
<DELETED> (i) policies for the selection of
Directors of the Board and officers, employees,
agents, and contractors of the
Foundation;</DELETED>
<DELETED> (ii) policies, including ethical
standards, for--</DELETED>
<DELETED> (I) the acceptance,
solicitation, and disposition of
donations and grants to the Foundation;
and</DELETED>
<DELETED> (II) the disposition of
assets of the Foundation;</DELETED>
<DELETED> (iii) policies that subject all
employees, fellows, trainees, and other agents
of the Foundation (including ex-officio
Directors and appointed Directors of the Board)
to conflict of interest standards;
and</DELETED>
<DELETED> (iv) the specific duties of the
Executive Director.</DELETED>
<DELETED> (B) Requirements.--The Board shall ensure
that the bylaws of the Foundation and the activities
carried out under such bylaws do not--</DELETED>
<DELETED> (i) reflect unfavorably on the
ability of the Foundation to carry out
activities in a fair and objective manner;
or</DELETED>
<DELETED> (ii) compromise, or appear to
compromise, the integrity of any governmental
agency or program, or any officer or employee
employed by, or involved in, a governmental
agency or program.</DELETED>
<DELETED> (b) Executive Director.--The Board shall hire an Executive
Director of the Foundation, who shall serve, at the pleasure of the
Board, as the Chief Executive Officer of the Foundation.</DELETED>
<DELETED> (c) Foundation Staff.--Officers and employees of the
Foundation--</DELETED>
<DELETED> (1) may not be employees of, or hold any office
in, the United States Government; and</DELETED>
<DELETED> (2) shall be appointed without regard to the
provisions of--</DELETED>
<DELETED> (A) title 5, United States Code, governing
appointments in the competitive service; and</DELETED>
<DELETED> (B) chapter 51 and subchapter III of
chapter 53 of such title, relating to classification
and General Schedule pay rates.</DELETED>
<DELETED> (d) Limitation and Conflicts of Interests.--</DELETED>
<DELETED> (1) Political participation.--The Foundation may
not participate or intervene in any political campaign on
behalf of any candidate for public office in any
country.</DELETED>
<DELETED> (2) Financial interests.--Any Director of the
Board or officer or employee of the Foundation is prohibited
from participating, directly or indirectly, in the
consideration or determination of any question before the
Foundation affecting--</DELETED>
<DELETED> (A) the financial interests of such
Director, officer, or employee; and</DELETED>
<DELETED> (B) the interests of any corporation,
partnership, entity, or organization in which such
Director, officer, or employee has any fiduciary
obligation or direct or indirect financial
interest.</DELETED>
<DELETED>SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE
FOUNDATION.</DELETED>
<DELETED> (a) General Authority.--</DELETED>
<DELETED> (1) In general.--The Foundation--</DELETED>
<DELETED> (A) shall have perpetual succession unless
dissolved by an Act of Congress;</DELETED>
<DELETED> (B) may conduct business throughout the
States, territories, and possessions of the United
States and in foreign countries;</DELETED>
<DELETED> (C) shall have its principal offices in
the Washington, DC metropolitan area; and</DELETED>
<DELETED> (D) shall continuously maintain a
designated agent in Washington, DC who is authorized to
accept notice or service of process on behalf of the
Foundation.</DELETED>
<DELETED> (2) Notice and service of process.--The serving of
notice to, or service of process upon, the agent referred to in
paragraph (1)(D), or mailed to the business address of such
agent, shall be deemed as service upon, or notice to, the
Foundation.</DELETED>
<DELETED> (3) Seal.--The Foundation shall have an official
seal, which shall be selected by the Board and judicially
noticed.</DELETED>
<DELETED> (b) Authorities.--In addition to powers explicitly
authorized under this Act, the Foundation, in order to carry out the
purposes described in section 3(b), shall have the usual powers of a
corporation headquartered in Washington, DC, including the authority--
</DELETED>
<DELETED> (1) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely or in
trust, or real or personal property or any income derived from
such gift or property, or other interest in such gift or
property;</DELETED>
<DELETED> (2) to acquire by donation, gift, devise,
purchase, or exchange any real or personal property or interest
in such property;</DELETED>
<DELETED> (3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income derived from such
property;</DELETED>
<DELETED> (4) to borrow money and issue bonds, debentures,
or other debt instruments;</DELETED>
<DELETED> (5) to complain and defend itself in any court of
competent jurisdiction (except that the Directors of the Board
shall not be personally liable, except for gross
negligence);</DELETED>
<DELETED> (6) to enter into contracts or other arrangements
with public agencies, private organizations, and persons and to
make such payments as may be necessary to carry out the
purposes of such contracts or arrangements; and</DELETED>
<DELETED> (7) to award grants for eligible projects, in
accordance with section 7.</DELETED>
<DELETED> (c) Property Interests.--</DELETED>
<DELETED> (1) Interest in real property.--In this
subsection, the term ``interest in real property'' includes--
</DELETED>
<DELETED> (A) mineral and water rights;</DELETED>
<DELETED> (B) rights of way; and</DELETED>
<DELETED> (C) easements appurtenant or in
gross.</DELETED>
<DELETED> (2) In general.--The Foundation may acquire, hold,
and dispose of lands, waters, and other interests in real
property by donation, gift, devise, purchase, or
exchange.</DELETED>
<DELETED> (3) Limits to property rights.--A gift, devise, or
bequest may be accepted by the Foundation even though it is
encumbered, restricted, or subject to beneficial interests of
private persons if any current or future interest therein is
for the benefit of the Foundation.</DELETED>
<DELETED> (d) Federal Funds.--</DELETED>
<DELETED> (1) In general.--The Foundation may--</DELETED>
<DELETED> (A) hold Federal funds made available, but
not immediately disbursed; and</DELETED>
<DELETED> (B) use any interest or other investment
income earned on such Federal funds to carry out the
purposes of the Foundation under this Act.</DELETED>
<DELETED> (2) Limitation.--Investments made pursuant to
paragraph (1)(B) may only be made in--</DELETED>
<DELETED> (A) interest-bearing obligations of the
United States; or</DELETED>
<DELETED> (B) obligations guaranteed as to both
principal and interest by the United States.</DELETED>
<DELETED> (e) Limitation of Public Liability.--The United States
shall not be liable for any debts, defaults, acts, or omissions of the
Foundation.</DELETED>
<DELETED>SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.</DELETED>
<DELETED> (a) Safeguards.--The Foundation shall develop, and
incorporate into any agreement for support provided by the Foundation,
appropriate safeguards, policies, and guidelines, consistent with
internationally recognized best practices and standards for
environmental and social safeguards.</DELETED>
<DELETED> (b) Independent Accountability Mechanism.--</DELETED>
<DELETED> (1) In general.--The Foundation shall establish a
transparent and independent accountability mechanism, which
shall provide--</DELETED>
<DELETED> (A) a compliance review function that
assesses whether Foundation-supported projects adhere
to the requirements developed pursuant to subsection
(a);</DELETED>
<DELETED> (B) a dispute resolution function for
resolving concerns between complainants and project
implementers regarding the impacts of specific
Foundation-supported projects with respect to such
standards; and</DELETED>
<DELETED> (C) an advisory function that reports to
the Foundation on projects, policies, and
practices.</DELETED>
<DELETED> (2) Duties.--The accountability mechanism shall--
</DELETED>
<DELETED> (A) report annually to the Board and to
the appropriate congressional committees regarding the
Foundation's compliance with internationally recognized
best practices and standards in accordance with
paragraph (1)(A);</DELETED>
<DELETED> (B)(i) have permanent staff to conduct
compliance reviews and dispute resolutions;
or</DELETED>
<DELETED> (ii) maintain a roster of experts to serve
such roles, to the extent needed; and</DELETED>
<DELETED> (C) hold a public comment period lasting
not fewer than 60 days regarding the initial design of
the accountability mechanism.</DELETED>
<DELETED>SEC. 7. PROJECTS AND GRANTS.</DELETED>
<DELETED> (a) Project Funding Requirements.--</DELETED>
<DELETED> (1) In general.--The Foundation shall--</DELETED>
<DELETED> (A) fund eligible projects that support
its mission to provide long-term funding for the
effective management of protected and conserved areas
and their contiguous buffer zones in eligible
countries; and</DELETED>
<DELETED> (B) recognize the importance of a
landscape or seascape approach to conservation that
includes buffer zones, wildlife dispersal and corridor
areas, and other effective area-based conservation
measures.</DELETED>
<DELETED> (2) Eligible projects.--Eligible projects shall
include projects that--</DELETED>
<DELETED> (A) focus on supporting--</DELETED>
<DELETED> (i) long-term management of
protected or conserved areas and their
contiguous buffer zones in countries described
in subsection (b), including terrestrial,
coastal, and marine-protected or conserved
areas, parks, community conservancies,
indigenous reserves, conservation easements,
and biological reserves; and</DELETED>
<DELETED> (ii) other effective area-based
conservation measures;</DELETED>
<DELETED> (B) are cost-matched from sources other
than the United States Government;</DELETED>
<DELETED> (C) have host country and local population
support, as evidenced by a long-term binding memorandum
of understanding signed by the host government that
respects free, prior, and informed consent of affected
communities;</DELETED>
<DELETED> (D) incorporate a set of key performance
indicators;</DELETED>
<DELETED> (E) demonstrate robust local community
engagement, with the completion of appropriate
environmental and social due diligence, including--
</DELETED>
<DELETED> (i) free, prior, and informed
consent of Indigenous Peoples and consultation
with relevant local communities;</DELETED>
<DELETED> (ii) equitable governance
structures; and</DELETED>
<DELETED> (iii) effective grievance
mechanisms;</DELETED>
<DELETED> (F) create economic opportunities for
local communities, through activities such as--
</DELETED>
<DELETED> (i) equity and profit-
sharing;</DELETED>
<DELETED> (ii) employment activities;
and</DELETED>
<DELETED> (iii) other economic growth
activities;</DELETED>
<DELETED> (G) provide stable baseline funding for
the effective management of the protected or conserved
area project;</DELETED>
<DELETED> (H) are implementation ready;
and</DELETED>
<DELETED> (I) where possible, demonstrate a plan to
strengthen the capacity of, and transfer skills to,
local institutions to manage the protected or conserved
area before or after grant funding is
exhausted.</DELETED>
<DELETED> (b) Eligible Countries.--</DELETED>
<DELETED> (1) In general.--Before awarding any grants or
entering into any project agreements for a given fiscal year,
the Board shall conduct a review of countries in which the
Foundation shall be eligible to fund projects to determine
which countries--</DELETED>
<DELETED> (A) are low-income, lower-middle-income,
or upper-middle-income economies (as defined by the
International Bank for Reconstruction and Development
and the International Development
Association;</DELETED>
<DELETED> (B) have--</DELETED>
<DELETED> (i) a high degree of biological
diversity; or</DELETED>
<DELETED> (ii) species or ecosystems of
significant importance; and</DELETED>
<DELETED> (C) have demonstrated a commitment to
conservation through actions, such as protecting lands
and waters through the gazettement of national parks,
community conservancies, marine reserves and protected
areas, forest reserves, and other legally recognized
forms of place-based conservation.</DELETED>
<DELETED> (2) Identification of eligible countries.--Not
later than 5 days after the date on which the Board determines
which countries are eligible countries for a given fiscal year,
the Executive Director shall--</DELETED>
<DELETED> (A) submit a report to the appropriate
congressional committees that includes--</DELETED>
<DELETED> (i) a list of all such eligible
countries; and</DELETED>
<DELETED> (ii) a justification for such
eligibility determinations; and</DELETED>
<DELETED> (B) publish the information contained in
the report described in paragraph (A) in the Federal
Register.</DELETED>
<DELETED> (c) Grantmaking.--</DELETED>
<DELETED> (1) In general.--In order to maximize its program
effects, the Foundation should--</DELETED>
<DELETED> (A) seek to coordinate with other
international public and private donors to the extent
possible;</DELETED>
<DELETED> (B) seek additional financial and
nonfinancial contributions and commitments for its
projects from host governments; and</DELETED>
<DELETED> (C) strive to generate a partnership
mentality among all participants, including public and
private funders, host governments, local protected
areas authorities, and private and nongovernmental
organization partners.</DELETED>
<DELETED> (2) Grant criteria.--Foundation grants--</DELETED>
<DELETED> (A) shall fund the management of well-
defined protected or conserved areas and the systems of
such conservation areas in eligible
countries;</DELETED>
<DELETED> (B) should provide adequate baseline
funding for at least 10 years, without replacing or
duplicating existing baseline funding, for each
protected and conserved area and the system that
supports that area in an amount sufficient to maintain
the effective management of the area over the long
term;</DELETED>
<DELETED> (C) should, during the grant period,
demonstrate progress in achieving clearly identified
key performance indicators (as defined in the grant
agreement), which may include--</DELETED>
<DELETED> (i) the protection of biological
diversity;</DELETED>
<DELETED> (ii) the protection of native
flora and habitats, such as trees, forests,
grasslands, mangroves, coral reefs, and sea
grass;</DELETED>
<DELETED> (iii) community-based economic
growth indicators, such as improved land
tenure, increases in beneficiaries
participating in economic growth activities,
and sufficient income from conservation
activities being directed to communities in
project areas;</DELETED>
<DELETED> (iv) improved management of the
protected or conserved area covered by the
project, as documented through the submission
of strategic plans or annual reports to the
Foundation; and</DELETED>
<DELETED> (v) the identification of
additional revenue sources or sustainable
financing mechanisms to meet the recurring
costs of management of the protected or
conserved areas; and</DELETED>
<DELETED> (D) may be terminated if the Board
determines that the project is not meeting applicable
requirements under this Act or making progress in
achieving the key performance indicators defined in the
grant agreement.</DELETED>
<DELETED>SEC. 8. PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT
TERRORISM OR VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR
SANCTIONED PERSONS.</DELETED>
<DELETED> (a) In General.--The Foundation may not provide support
for any government, or any entity owned or controlled by a government,
if the Secretary has determined that such government--</DELETED>
<DELETED> (1) has repeatedly provided support for acts of
international terrorism, as determined under--</DELETED>
<DELETED> (A) section 1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (subtitle B of title XVII of
Public Law 115-232);</DELETED>
<DELETED> (B) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a));</DELETED>
<DELETED> (C) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)); or</DELETED>
<DELETED> (D) any other relevant provision of law;
or</DELETED>
<DELETED> (2) has engaged in a consistent pattern of gross
violations of internationally recognized human rights, as
determined under section 116(a) or 502B(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or
any other relevant provision of law.</DELETED>
<DELETED> (b) Prohibition of Support for Sanctioned Persons.--The
Foundation may not engage in any dealing prohibited under United States
sanctions laws or regulations, including dealings with persons on the
list of specially designated persons and blocked persons maintained by
the Office of Foreign Assets Control of the Department of the Treasury,
except to the extent otherwise authorized by the Secretary or by the
Secretary of the Treasury.</DELETED>
<DELETED> (c) Prohibition of Support for Activities Subject to
Sanctions.--The Foundation shall require any person receiving support
to certify that such person, and any entity owned or controlled by such
person, is in compliance with all United States sanctions laws and
regulations.</DELETED>
<DELETED>SEC. 9. ANNUAL REPORT.</DELETED>
<DELETED> Not later than 360 days after the date of the enactment of
this Act, and annually thereafter while the Foundation continues to
operate, the Executive Director of the Foundation shall submit a report
to the appropriate congressional committees that describes--</DELETED>
<DELETED> (1) the goals of the Foundation;</DELETED>
<DELETED> (2) the programs, projects, and activities
supported by the Foundation;</DELETED>
<DELETED> (3) private and governmental contributions to the
Foundation; and</DELETED>
<DELETED> (4) the standardized criteria utilized to
determine the programs and activities supported by the
Foundation, including baselines, targets, desired outcomes,
measurable goals, and extent to which those goals are being
achieved for each project.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to the Foundation $100,000,000 for each of the fiscal years 2024
through 2033 to carry out the purposes of this Act.</DELETED>
<DELETED> (b) Cost Matching Requirement.--Amounts appropriated
pursuant to subsection (a) may only be made available to grantees to
the extent such grantees secure funding for an eligible project from
sources other than the United States Government in an amount that is
not less than the amount received in grants for such project pursuant
to section 7.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States
Foundation for International Conservation Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. United States Foundation for International Conservation.
Sec. 4. Governance of the Foundation.
Sec. 5. Corporate powers and obligations of the Foundation.
Sec. 6. Safeguards and accountability.
Sec. 7. Projects and grants.
Sec. 8. Prohibition of support for certain governments.
Sec. 9. Annual report.
Sec. 10. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Board.--The term ``Board'' means the Board of Directors
established pursuant to section 4(a).
(3) Eligible country.--The term ``eligible country'' means
any country described in section 7(b).
(4) Eligible project.--The term ``eligible project'' means
any project described in section 7(a)(2).
(5) Executive director.--The term ``Executive Director''
means the Executive Director of the Foundation hired pursuant
to section 4(b).
(6) Foundation.--The term ``Foundation'' means the United
States Foundation for International Conservation established
pursuant to section 3(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish the
United States Foundation for International Conservation
(referred to in this Act as the ``Foundation''), which shall be
operated as a charitable, nonprofit corporation.
(2) Independence.--The Foundation is not an agency or
instrumentality of the United States Government.
(3) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization described in subsection (c) of section 501 of the
Internal Revenue Code of 1986, which exempt the organization
from taxation under subsection (a) of such section.
(4) Termination of operations.--The Foundation shall
terminate operations on the date that is 10 years after the
date on which the Foundation becomes operational, in accordance
with--
(A) a plan for winding down the activities of the
Foundation that the Board shall submit to the
appropriate congressional committees not later than 180
days before such termination date; and
(B) the bylaws established pursuant to section
4(b)(13).
(b) Purposes.--The purposes of the Foundation are--
(1) to provide grants for the responsible management of
designated priority primarily protected and conserved areas in
eligible countries that have a high degree of biodiversity or
species and ecosystems of significant ecological value;
(2) to promote responsible, long-term management of
primarily protected and conserved areas and their contiguous
buffer zones;
(3) to incentivize, leverage, accept, and effectively
administer governmental and nongovernmental funds, including
donations from the private sector, to increase the availability
and predictability of financing for responsible, long-term
management of primarily protected and conserved areas in
eligible countries;
(4) to help close critical gaps in public international
conservation efforts in eligible countries by--
(A) increasing private sector investment, including
investments from philanthropic entities; and
(B) collaborating with partners providing bilateral
and multilateral financing to support enhanced
coordination, including public and private funders,
partner governments, local protected areas authorities,
and private and nongovernmental organization partners;
(5) to identify and financially support viable projects
that--
(A) promote responsible, long-term management of
primarily protected and conserved areas and their
contiguous buffer zones in eligible countries,
including support for the management of terrestrial,
coastal, freshwater, and marine protected areas, parks,
community conservancies, Indigenous reserves,
conservation easements, and biological reserves; and
(B) provide effective area-based conservation
measures, consistent with best practices and standards
for environmental and social safeguards; and
(6) to coordinate with, consult, and otherwise support and
assist, governments, private sector entities, local
communities, Indigenous Peoples, and other stakeholders in
eligible countries in undertaking biodiversity conservation
activities--
(A) to achieve measurable and enduring biodiversity
conservation outcomes; and
(B) to improve local security, governance, food
security, and economic opportunities.
(c) Plan of Action.--
(1) In general.--Not later than 6 months after the
establishment of the Foundation, the Executive Director shall
submit for approval from the Board an initial 3-year Plan of
Action to implement the purposes of this Act, including--
(A) a description of the priority actions to be
undertaken by the Foundation over the proceeding 3-year
period, including a timeline for implementation of such
priority actions;
(B) descriptions of the processes and criteria by
which--
(i) eligible countries, in which eligible
projects may be selected to receive assistance
under this Act, will be identified;
(ii) grant proposals for Foundation
activities in eligible countries will be
developed, evaluated, and selected; and
(iii) grant implementation will be
monitored and evaluated;
(C) the projected staffing and budgetary
requirements of the Foundation during the proceeding 3-
year period.
(D) a plan to maximize commitments from private
sector entities to fund the Foundation.
(2) Submission.--The Executive Director shall submit the
initial Plan of Action to the appropriate congressional
committees not later than 5 days after the Plan of Action is
approved by the Board.
(3) Updates.--The Executive Director shall annually update
the Plan of Action and submit each such updated plan to the
appropriate congressional committees not later that 5 days
after the update plan is approved by the Board.
SEC. 4. GOVERNANCE OF THE FOUNDATION.
(a) Executive Director.--There shall be in the Foundation an
Executive Director, who--
(1) shall manage the Foundation; and
(2) shall report to, and be under the direct authority, of
the Board.
(b) Board of Directors.--
(1) Governance.--The Foundation shall be governed by a
Board of Directors, which--
(A) shall perform the functions specified to be
carried out by the Board under this Act; and
(B) may prescribe, amend, and repeal bylaws, rules,
regulations, and procedures governing the manner in
which the business of the Foundation may be conducted
and in which the powers granted to it by law may be
exercised.
(2) Membership.--The Board shall be composed of--
(A) the Secretary of State, the Administrator of
the United States Agency for International Development,
the Secretary of the Interior, the Chief of the United
States Forest Service, and the Administrator of the
National Oceanic and Atmospheric Administration, or the
Senate-confirmed designees of such officials; and
(B) 8 other individuals, who shall be appointed by
the Secretary, in consultation with the members of the
Board described in subparagraph (A), the Speaker and
Minority Leader of the House of Representatives, and
the President Pro Tempore and Minority Leader of the
Senate, of whom--
(i) 4 members shall be private-sector
donors making financial contributions to the
Foundation; and
(ii) 4 members shall be independent experts
who, in addition to meeting the qualification
requirements described in paragraph (3),
represent diverse points of view and diverse
geographies, to the maximum extent practicable.
(3) Qualifications.--Each member of the Board appointed
pursuant to paragraph (2)(B) shall be knowledgeable and
experienced in matters relating to--
(A) international development;
(B) protected area management and the conservation
of global biodiversity, fish and wildlife, ecosystem
restoration, adaptation, and resilience; and
(C) grantmaking in support of international
conservation.
(4) Political affiliation.--Not more than 5 of the members
appointed to the Board pursuant to paragraph (2)(B) may be
affiliated with the same political party.
(5) Conflicts of interest.--Any individual with business
interests, financial holdings, or controlling interests in any
entity that has sought support, or is receiving support, from
the Foundation may not be appointed to the Board during the 5-
year period immediately preceding such appointment.
(6) Chairperson.--The Board shall elect, from among its
members, a Chairperson, who shall serve for a 2-year term.
(7) Terms; vacancies.--
(A) Terms.--
(i) In general.--The term of service of
each member of the Board appointed pursuant to
paragraph (2)(B) shall be not more than 5
years.
(ii) Initial appointed directors.--Of the
initial members of the Board appointed pursuant
to paragraph (2)(B)--
(I) 4 members, including at least 2
private-sector donors making financial
contributions to the Foundation, shall
serve for 4 years; and
(II) 4 members shall serve for 5
years, as determined by the Chairperson
of the Board.
(B) Vacancies.--Any vacancy in the Board--
(i) shall be filled in the manner in which
the original appointment was made; and
(ii) shall not affect the power of the
remaining appointed members of the Board to
execute the duties of the Board.
(8) Quorum.--A majority of the current membership of the
Board, including the Secretary or the Secretary's designee,
shall constitute a quorum for the transaction of Foundation
business.
(9) Meetings.--
(A) In general.--The Board shall meet not less
frequently than annually at the call of the
Chairperson. Such meetings may be in person, virtual,
or hybrid.
(B) Initial meeting.--Not later than 60 days after
the Board is established pursuant to section 3(a), the
Secretary of State shall convene a meeting of the ex-
officio members of the Board and the appointed members
of the Board to incorporate the Foundation.
(C) Removal.--Any member of the Board appointed
pursuant to paragraph (2)(B) who misses 3 consecutive
regularly scheduled meetings may be removed by a
majority vote of the Board.
(10) Reimbursement of expenses.--
(A) In general.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and
necessary traveling and subsistence expenses incurred
in the performance of the duties of the Foundation.
(B) Limitation.--Expenses incurred outside the
United States may be reimbursed under this paragraph if
at least 2 members of the Board concurrently incurred
such expenses. Such reimbursements--
(i) shall be available exclusively for
actual costs incurred by members of the Board
up to the published daily per diem rate for
lodging, meals, and incidentals; and
(ii) shall not include first-class,
business-class, or travel in any class other
than Economy Class or Coach Class.
(C) Other expenses.--All other expenses, including
salaries for officers and staff of the Foundation,
shall be established by a majority vote of the Board,
as proposed by the Executive Director on no less than
an annual basis.
(11) Not federal employees.--Appointment as a member of the
Board and employment by the Foundation does not constitute
employment by, or the holding of an office of, the United
States for purposes of any Federal law.
(12) Duties.--The Board shall--
(A) establish bylaws for the Foundation in
accordance with paragraph (13);
(B) provide overall direction for the activities of
the Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive
Director;
(E) take steps to limit the administrative expenses
of the Foundation; and
(F) not less frequently than annually, consult and
coordinate with stakeholders qualified to provide
advice, assistance, and information regarding effective
protected and conserved area management.
(13) Bylaws.--
(A) In general.--The bylaws required to be
established under paragraph (12)(A) shall include--
(i) the specific duties of the Executive
Director;
(ii) policies and procedures for the
selection of members of the Board and officers,
employees, agents, and contractors of the
Foundation;
(iii) policies, including ethical
standards, for--
(I) the acceptance, solicitation,
and disposition of donations and grants
to the Foundation; and
(II) the disposition of assets of
the Foundation upon the dissolution of
the Foundation;
(iv) policies that subject all implementing
partners, employees, fellows, trainees, and
other agents of the Foundation (including ex-
officio members of the Board and appointed
members of the Board) to stringent ethical and
conflict of interest standards;
(v) removal and exclusion procedures for
implementing partners, employees, fellows,
trainees, and other agents of the Foundation
(including ex-officio members of the Board and
appointed members of the Board) who fail to
uphold the ethical and conflict of interest
standards established pursuant to clause (iii);
(vi) policies for winding down the
activities of the Foundation upon its
dissolution, including a plan--
(I) to return unspent
appropriations to the Treasury of the
United States; and
(II) to donate unspent private and
philanthropic contributions to projects
that align with the goals and
requirements described in section 7;
(vii) policies for vetting implementing
partners and grantees to ensure the Foundation
does not provide grants to for profit entities
whose primary objective is activities other
than conservation activities; and
(viii) clawback policies and procedures to
be incorporated into grant agreements to ensure
compliance with the policies referred to in
clause (vii).
(B) Requirements.--The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under such bylaws do not--
(i) reflect unfavorably on the ability of
the Foundation to carry out activities in a
fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed
by, or involved in, a governmental agency or
program.
(c) Foundation Staff.--Officers and employees of the Foundation--
(1) may not be employees of, or hold any office in, the
United States Government;
(2) may not serve in the employ of any nongovernmental
organization, project, or person related to or affiliated with
any grantee of the Foundation while employed by the Foundation;
(3) may not receive compensation from any other source for
work performed in carrying out the duties of the Foundation
while employed by the Foundation; and
(4) should not receive a salary at a rate that is greater
than the maximum rate of basic pay authorized for positions at
level I of the Executive Schedule under section 5312 of title
5, United States Code.
(d) Limitation and Conflicts of Interests.--
(1) Political participation.--The Foundation may not--
(A) lobby for political or policy issues; or
(B) participate or intervene in any political
campaign in any country.
(2) Financial interests.--As determined by the Board and
set forth in the bylaws established pursuant to subsection
(b)(13), and consistent with best practices, any member of the
Board or officer or employee of the Foundation shall be
prohibited from participating, directly or indirectly, in the
consideration or determination of any question before the
Foundation affecting--
(A) the financial interests of such member of the
Board, or officer or employee of the Foundation, not
including such member's Foundation expenses and
compensation; and
(B) the interests of any corporation, partnership,
entity, or organization in which such member of the
Board, officer, or employee has any fiduciary
obligation or direct or indirect financial interest.
(3) Recusals.--Any member of the Board that has a business,
financial, or familial interest in an organization or community
seeking support from the Foundation shall recuse himself or
herself from all deliberations, meetings, and decisions
concerning the consideration and decision relating to such
support.
(4) Project ineligibility.--The Foundation may not provide
support to individuals or entities with business, financial, or
familial ties to--
(A) a current member of the Board; or
(B) a former member of the Board during the 5-year
period immediately following the last day of the former
member's term on the Board.
SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
(a) General Authority.--
(1) In general.--The Foundation--
(A) may conduct business in foreign countries;
(B) shall have its principal offices in the
Washington, DC, metropolitan area; and
(C) shall continuously maintain a designated agent
in Washington, DC, who is authorized to accept notice
or service of process on behalf of the Foundation.
(2) Notice and service of process.--The serving of notice
to, or service of process upon, the agent referred to in
paragraph (1)(C), or mailed to the business address of such
agent, shall be deemed as service upon, or notice to, the
Foundation.
(3) Audits.--The Foundation shall be subject to the general
audit authority of the Comptroller General of the United States
under section 3523 of title 31, United States Code.
(b) Authorities.--In addition to powers explicitly authorized under
this Act, the Foundation, in order to carry out the purposes described
in section 3(b), shall have the usual powers of a corporation
headquartered in Washington, DC, including the authority--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, or
real or personal property or any income derived from such gift
or property, or other interest in such gift or property located
in the United States;
(2) to acquire by donation, gift, devise, purchase, or
exchange any real or personal property or interest in such
property located in the United States;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income derived from such
property located in the United States;
(4) to complain and defend itself in any court of competent
jurisdiction (except that the members of the Board shall not be
personally liable, except for gross negligence);
(5) to enter into contracts or other arrangements with
public agencies, private organizations, and persons and to make
such payments as may be necessary to carry out the purposes of
such contracts or arrangements; and
(6) to award grants for eligible projects, in accordance
with section 7.
(c) Limitation of Public Liability.--The United States shall not be
liable for any debts, defaults, acts, or omissions of the Foundation.
The Federal Government shall be held harmless from any damages or
awards ordered by a court against the Foundation.
SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.
(a) Safeguards.--The Foundation shall develop, and incorporate into
any agreement for support provided by the Foundation, appropriate
safeguards, policies, and guidelines, consistent with United States law
and best practices and standards for environmental and social
safeguards.
(b) Independent Accountability Mechanism.--
(1) In general.--The Secretary, or the Secretary's
designee, shall establish a transparent and independent
accountability mechanism, consistent with best practices, which
shall provide--
(A) a compliance review function that assesses
whether Foundation-supported projects adhere to the
requirements developed pursuant to subsection (a);
(B) a dispute resolution function for resolving and
remedying concerns between complainants and project
implementers regarding the impacts of specific
Foundation-supported projects with respect to such
standards; and
(C) an advisory function that reports to the Board
on projects, policies, and practices.
(2) Duties.--The accountability mechanism shall--
(A) report annually to the Board and the
appropriate congressional committees regarding the
Foundation's compliance with best practices and
standards in accordance with paragraph (1)(A) and the
nature and resolution of any complaint;
(B)(i) have permanent staff, led by an independent
accountability official, to conduct compliance reviews
and dispute resolutions and perform advisory functions;
and
(ii) maintain a roster of experts to serve such
roles, to the extent needed; and
(C) hold a public comment period lasting not fewer
than 60 days regarding the initial design of the
accountability mechanism.
(c) Internal Accountability.--The Foundation shall establish an
ombudsman position at a senior level of executive staff as a
confidential, neutral source of information and assistance to anyone
affected by the activities of the Foundation.
(d) Annual Review.--The Secretary shall, periodically, but not less
frequent than annually, review assistance provided by the Foundation
for the purpose of implementing section 3(b) to ensure consistency with
the provisions under section 620M of Foreign Assistance Act of 1961 (22
U.S.C. 2378d).
SEC. 7. PROJECTS AND GRANTS.
(a) Project Funding Requirements.--
(1) In general.--The Foundation shall--
(A) provide grants to support eligible projects
described in paragraph (3) that advance its mission to
enable effective management of primarily protected and
conserved areas and their contiguous buffer zones in
eligible countries;
(B) advance effective landscape or seascape
approaches to conservation that include buffer zones,
wildlife dispersal and corridor areas, and other
effective area-based conservation measures; and
(C) not purchase, own, or lease land, including
conservation easements, in eligible countries.
(2) Eligible entities.--Eligible entities shall include--
(A) not-for-profit organizations with demonstrated
expertise in protected and conserved area management
and economic development;
(B) governments of eligible partner countries, as
determined by subsection (b), with the exception of
governments and government entities that are prohibited
from receiving grants from the Foundation pursuant to
section 8; and
(C) Indigenous and local communities in such
eligible countries.
(3) Eligible projects.--Eligible projects shall include
projects that--
(A) focus on supporting--
(i) transparent and effective long-term
management of primarily protected or conserved
areas and their contiguous buffer zones in
countries described in subsection (b),
including terrestrial, coastal, and marine
protected or conserved areas, parks, community
conservancies, Indigenous reserves,
conservation easements, and biological
reserves; and
(ii) other effective area-based
conservation measures;
(B) are cost-matched at a ratio of not less than $2
from sources other than the United States for every $1
made available under this Act;
(C) are subject to long-term binding memoranda of
understanding with the governments of eligible
countries and local communities--
(i) to ensure that local populations have
access, resource management responsibilities,
and the ability to pursue permissible,
sustainable economic activity on affected
lands; and
(ii) that may be signed by governments in
such eligible countries to ensure free, prior,
and informed consent of affected communities;
(D) incorporate a set of key performance and impact
indicators;
(E) demonstrate robust local community engagement,
with the completion of appropriate environmental and
social due diligence, including--
(i) free, prior, and informed consent of
Indigenous Peoples and relevant local
communities;
(ii) inclusive governance structures; and
(iii) effective grievance mechanisms;
(F) create economic opportunities for local
communities, including through--
(i) equity and profit-sharing;
(ii) cooperative management of natural
resources;
(iii) employment activities; and
(iv) other related economic growth
activities;
(G) leverage stable baseline funding for the
effective management of the primarily protected or
conserved area project; and
(H) to the extent possible--
(i) are viable and prepared for
implementation; and
(ii) demonstrate a plan to strengthen the
capacity of, and transfer skills to, local
institutions to manage the primarily protected
or conserved area before or after grant funding
is exhausted.
(b) Eligible Countries.--
(1) In general.--Pursuant to the Plan of Action required
under section 3(c), and before awarding any grants or entering
into any project agreements for any fiscal year, the Board
shall conduct a review to identify eligible countries in which
the Foundation may fund projects. Such review shall consider
countries that--
(A) are low-income, lower middle-income, or upper-
middle-income economies (as defined by the
International Bank for Reconstruction and Development
and the International Development Association);
(B) have--
(i) a high degree of threatened or at-risk
biological diversity; or
(ii) species or ecosystems of significant
importance, including threatened or endangered
species or ecosystems at risk of degradation or
destruction;
(C) have demonstrated a commitment to conservation
through verifiable actions, such as protecting lands
and waters through the gazettement of national parks,
community conservancies, marine reserves and protected
areas, forest reserves, or other legally recognized
forms of place-based conservation; and
(D) are not ineligible to receive United States
foreign assistance pursuant to any other provision of
law, including laws identified in section 8.
(2) Identification of eligible countries.--Not later than 5
days after the date on which the Board determines which
countries are eligible to receive assistance under this Act for
a fiscal year, the Executive Director shall--
(A) submit a report to the appropriate
congressional committees that includes--
(i) a list of all such eligible countries,
as determined through the review process
described in paragraph (1); and
(ii) a detailed justification for each such
eligibility determination, including--
(I) an analysis of why the eligible
country would be suitable for
partnership;
(II) an evaluation of the eligible
partner country's interest in and
ability to participate meaningfully in
proposed Foundation activities,
including an evaluation of such
eligible country's prospects to
substantially benefit from Foundation
assistance;
(III) an estimation of each such
eligible partner country's commitment
to conservation; and
(IV) an assessment of the capacity
and willingness of the eligible country
to enact or implement reforms that
might be necessary to maximize the
impact and effectiveness of Foundation
support; and
(B) publish the information contained in the report
described in subparagraph (A) in the Federal Register.
(c) Grantmaking.--
(1) In general.--In order to maximize program
effectiveness, the Foundation shall--
(A) coordinate with other international public and
private donors to the greatest extent practicable and
appropriate;
(B) seek additional financial and nonfinancial
contributions and commitments for its projects from
governments in eligible countries;
(C) strive to generate a partnership mentality
among all participants, including public and private
funders, host governments, local protected areas
authorities, and private and nongovernmental
organization partners;
(D) prioritize investments in communities with low
levels of economic development to the greatest extent
practicable and appropriate; and
(E) consider the eligible partner country's planned
and dedicated resources to the proposed project and the
eligible entity's ability to successfully implement the
project.
(2) Grant criteria.--Foundation grants--
(A) shall fund eligible projects that enhance the
management of well-defined primarily protected or
conserved areas and the systems of such conservation
areas in eligible countries;
(B) should support adequate baseline funding for
eligible projects in eligible countries to be sustained
for not less than 10 years;
(C) should, during the grant period, demonstrate
progress in achieving clearly defined key performance
indicators (as defined in the grant agreement), which
may include--
(i) the protection of biological diversity;
(ii) the protection of native flora and
habitats, such as trees, forests, wetlands,
grasslands, mangroves, coral reefs, and sea
grass;
(iii) community-based economic growth
indicators, such as improved land tenure,
increases in beneficiaries participating in
related economic growth activities, and
sufficient income from conservation activities
being directed to communities in project areas;
(iv) improved management of the primarily
protected or conserved area covered by the
project, as documented through the submission
of strategic plans or annual reports to the
Foundation; and
(v) the identification of additional
revenue sources or sustainable financing
mechanisms to meet the recurring costs of
management of the primarily protected or
conserved areas; and
(D) shall be terminated if the Board determines
that the project is not--
(i) meeting applicable requirements under
this Act; or
(ii) making progress in achieving the key
performance indicators defined in the grant
agreement.
SEC. 8. PROHIBITION OF SUPPORT FOR CERTAIN GOVERNMENTS.
(a) In General.--The Foundation may not provide support for any
government, or any entity owned or controlled by a government, if the
Secretary has determined that such government--
(1) has repeatedly provided support for acts of
international terrorism, as determined under--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other relevant provision of law;
(2) has been identified pursuant to section 116(a) or
502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(a) and 2304(a)(2)) or any other relevant provision of
law; or
(3) has failed the ``control of corruption'' indicator, as
determined by the Millennium Challenge Corporation, within any
of the preceding 3 years of the intended grant;
(b) Prohibition of Support for Sanctioned Persons.--The Foundation
may not engage in any dealing prohibited under United States sanctions
laws or regulations, including dealings with persons on the list of
specially designated persons and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury,
except to the extent otherwise authorized by the Secretary or by the
Secretary of the Treasury.
(c) Prohibition of Support for Activities Subject to Sanctions.--
The Foundation shall require any person receiving support to certify
that such person, and any entity owned or controlled by such person, is
in compliance with all United States sanctions laws and regulations.
SEC. 9. ANNUAL REPORT.
Not later than 360 days after the date of the enactment of this
Act, and annually thereafter while the Foundation continues to operate,
the Executive Director of the Foundation shall submit a report to the
appropriate congressional committees that describes--
(1) the goals of the Foundation;
(2) the programs, projects, and activities supported by the
Foundation;
(3) private and governmental contributions to the
Foundation; and
(4) the standardized criteria utilized to determine the
programs and activities supported by the Foundation, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved for each
project.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--In addition to amounts authorized to be
appropriated to carry out international conservation and biodiversity
programs under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the
limitations set forth in subsections (b) and (c), there is authorized
to be appropriated to the Foundation to carry out the purposes of this
Act--
(1) $1,000,000 for fiscal year 2025; and
(2) not more than $100,000,000 for each of the fiscal years
2026 through 2034.
(b) Cost Matching Requirement.--Amounts appropriated pursuant to
subsection (a) may only be made available to grantees to the extent the
Foundation or such grantees secure funding for an eligible project from
sources other than the United States Government in an amount that is
not less than twice the amount received in grants for such project
pursuant to section 7.
(c) Administrative Costs.--The administrative costs of the
Foundation shall come from sources other than the United States
Government.
(d) Prohibition on Use of Grant Amounts for Lobbying Expenses.--
Amounts provided as a grant by the Foundation pursuant to section 7 may
not be used for any activity intended to influence legislation pending
before the Congress of the United States.
Calendar No. 368
118th CONGRESS
2d Session
S. 618
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A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
_______________________________________________________________________
May 7, 2024
Reported with an amendment