115 S618 RS: United States Foundation for International Conservation Act of 2023 U.S. Senate 2023-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

United States Foundation for International Conservation Act of 2023

Definitions

In this Act:(1)

Appropriate congressional committees

The term appropriate congressional committees means—(A)the Committee on Appropriations of the Senate;(B)the Committee on Foreign Relations of the Senate;(C)the Committee on Appropriations of the House of Representatives; and(D)the Committee on Foreign Affairs of the House of Representatives.(2)

Board

The term Board means the Board of Directors established pursuant to section 4(a).(3)

Director

The term Director means—(A)an initial member of the Board appointed pursuant to section 4(a)(2)(C); or(B)a member of the Board selected to fill a vacancy pursuant to section 4(a)(3)(B).(4)

Eligible country

The term eligible country means any of the countries described in section 7(b). (5)

Eligible project

The term eligible project means any of the projects described in section 7(a)(2). (6)

Executive director

The term Executive Director means the Executive Director of the Foundation hired pursuant to section 4(b).(7)

Foundation

The term Foundation means the United States Foundation for International Conservation established pursuant to section 3(a). (8)

Secretary

The term Secretary means the Secretary of State.

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.(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 exempts 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 it is established pursuant to paragraph (1).(b)

Purposes

The purposes of the Foundation are—(1)to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries;(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;(3)to close critical gaps in public international conservation efforts 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;(4)to identify and financially support implementation-ready projects—(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 (B)that provide effective area-based conservation measures, consistent with internationally recognized best practices and standards for environmental and social safeguards; and(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—(A)to achieve sustainable biodiversity conservation outcomes; and (B)to improve local security, governance, food security, and economic opportunities.

Governance of the Foundation

(a)

Board of Directors

(1)

Governance

The Foundation shall be governed by a Board of Directors.(2)

Composition

(A)

In general

The Board shall be composed of—(i)the Directors described in subparagraph (B); and (ii)Appointed Directors described in subparagraph (C). (B)

Directors

The following individuals, or designees of such individuals, shall serve as Directors:(i)The Secretary of State.(ii)The Administrator of the United States Agency for International Development.(iii)The Secretary of the Interior.(iv)The Chief of the United States Forest Service.(v)The Administrator of the National Oceanic and Atmospheric Administration.(C)

Appointed directors

The Secretary, in consultation with the other Directors described in subparagraph (B), shall appoint, as Directors of the Board—(i)4 private-sector committed donors; and (ii)5 independent experts who represent diverse points of view, to the maximum extent practicable.(D)

Qualifications

Each independent expert appointed pursuant to subparagraph (C) shall be knowledgeable and experienced in matters relating to—(i)international development; (ii)protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience; and(iii)grantmaking in support of international conservation.(E)

Chairperson

The Board shall elect, from among its Directors, a Chairperson, who shall serve for a 2-year term.(3)

Terms; vacancies

(A)

Terms

(i)

In general

The term of service of each Director appointed pursuant to paragraph (2)(C) shall be not more than 5 years.(ii)

Initial appointed directors

Of the initial Directors appointed pursuant to paragraph (2)(C)—(I)5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years; and (II)4 Directors shall serve for 5 years, as determined by the Chairperson of the Board. (B)

Vacancies

Any vacancy in the membership of the appointed Directors of the Board—(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;(ii)shall not affect the power of the remaining appointed Directors to execute the duties of the Board; and(iii)shall be filled by an individual selected by the Board.(4)

Quorum

A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business.(5)

Meetings

(A)

In general

The Board shall meet at the call of the Chairperson not less frequently than annually. (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. (C)

Removal

Any Director who misses 3 consecutive regularly scheduled meetings may be removed from the Board.(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.(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.(8)

Duties

The Board shall—(A)establish bylaws for the Foundation in accordance with paragraph (9);(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; and(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.(9)

Bylaws

(A)

In general

The bylaws established pursuant to paragraph (8)(A) may include—(i)policies for the selection of Directors of the Board and officers, employees, agents, and contractors of the Foundation;(ii)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;(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(iv)the specific duties of the Executive Director.(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. (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.(c)

Foundation staff

Officers and employees of the Foundation—(1)may not be employees of, or hold any office in, the United States Government; and(2)shall be appointed without regard to the provisions of—(A)title 5, United States Code, governing appointments in the competitive service; and(B)chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.(d)

Limitation and conflicts of interests

(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.(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—(A)the financial interests of such Director, officer, or employee; and(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.

Corporate powers and obligations of the Foundation

(a)

General authority

(1)

In general

The Foundation—(A)shall have perpetual succession unless dissolved by an Act of Congress;(B)may conduct business throughout the States, territories, and possessions of the United States and in foreign countries;(C)shall have its principal offices in the Washington, DC metropolitan area; and(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.(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.(3)

Seal

The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed.(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;(2)to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property;(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;(4)to borrow money and issue bonds, debentures, or other debt instruments;(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);(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(7)to award grants for eligible projects, in accordance with section 7.(c)

Property interests

(1)

Interest in real property

In this subsection, the term interest in real property includes—(A)mineral and water rights;(B)rights of way; and (C)easements appurtenant or in gross. (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. (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.(d)

Federal funds

(1)

In general

The Foundation may—(A)hold Federal funds made available, but not immediately disbursed; and (B)use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act.(2)

Limitation

Investments made pursuant to paragraph (1)(B) may only be made in—(A)interest-bearing obligations of the United States; or (B)obligations guaranteed as to both principal and interest by the United States.(e)

Limitation of public liability

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.

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 internationally recognized best practices and standards for environmental and social safeguards.(b)

Independent accountability mechanism

(1)

In general

The Foundation shall establish a transparent and independent accountability mechanism, 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 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 Foundation on projects, policies, and practices.(2)

Duties

The accountability mechanism shall—(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);(B)(i)have permanent staff to conduct compliance reviews and dispute resolutions; or (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.

Projects and grants

(a)

Project funding requirements

(1)

In general

The Foundation shall—(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(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.(2)

Eligible projects

Eligible projects shall include projects that—(A)focus on supporting—(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 (ii)other effective area-based conservation measures;(B)are cost-matched from sources other than the United States Government;(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;(D)incorporate a set of key performance 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 consultation with relevant local communities;(ii)equitable governance structures; and (iii)effective grievance mechanisms;(F)create economic opportunities for local communities, through activities such as—(i)equity and profit-sharing;(ii)employment activities; and(iii)other economic growth activities;(G)provide stable baseline funding for the effective management of the protected or conserved area project;(H)are implementation ready; and(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. (b)

Eligible countries

(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—(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 biological diversity; or (ii)species or ecosystems of significant importance; and(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.(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—(A)submit a report to the appropriate congressional committees that includes—(i)a list of all such eligible countries; and (ii)a justification for such eligibility determinations; and(B)publish the information contained in the report described in paragraph (A) in the Federal Register. (c)

Grantmaking

(1)

In general

In order to maximize its program effects, the Foundation should—(A)seek to coordinate with other international public and private donors to the extent possible;(B)seek additional financial and nonfinancial contributions and commitments for its projects from host governments; and (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. (2)

Grant criteria

Foundation grants—(A)shall fund the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries;(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;(C)should, during the grant period, demonstrate progress in achieving clearly identified 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, grasslands, mangroves, coral reefs, and sea grass;(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;(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(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 (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.

Prohibition of support in countries that support terrorism or violate human rights and of support for sanctioned persons

(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 (subtitle B of title XVII of Public Law 115–232);(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; or(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.(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.

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.

10.

Authorization of appropriations

(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.(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.

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.

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.

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.

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

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.

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.

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).

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.

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

Prohibition of support for activities subject to sanctions

Annual report

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.

May 7, 2024

Reported with an amendment