I 111th CONGRESS 1st Session H. R. 52 IN THE HOUSE OF REPRESENTATIVES January 6, 2009 Mr. Kirk (for himself and Mr. Hastings of Florida) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Tropical Forest Conservation Act of 1998 to provide debt relief to developing countries that take action to protect tropical forests and coral reefs and associated coastal marine ecosystems, to reauthorize such Act through fiscal year 2011, and for other purposes.

1.

Short title

This Act may be cited as the Tropical Forest and Coral Conservation Act.

2.

Findings and purposes

(a)

Findings

Subsection (a) of section 802 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431) is amended— (1)in paragraphs (1), (6), and (7), by striking tropical forests each place it appears and inserting tropical forests and coral reefs and associated coastal marine ecosystems; (2)by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3)by inserting after paragraph (2) the following: (3)Coral reefs and associated coastal marine ecosystems provide a wide range of benefits to mankind by— (A)harboring more species per unit area than any other marine habitat, providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector;   (B)providing a major source of food and jobs for hundreds of millions of coastal residents;   and (C)serving as natural storm barriers, thus protecting vulnerable shorelines and communities from storm waves and erosion. ; and (4)in paragraph (4) (as redesignated)— (A)by inserting and coral reef and associated coastal marine ecosystems after forest resources; and (B)by inserting and coral reef and associated coastal marine ecosystem exploitation after tropical deforestation. (b)

Purposes

Subsection (b) of such section is amended— (1)in paragraphs (1), (3), and (4), by striking tropical forests each place it appears and inserting tropical forests and coral reefs and associated coastal marine ecosystems; and (2)in paragraph (2)— (A)by striking tropical forests the first and third place it appears and inserting tropical forests and coral reefs and associated coastal marine ecosystems; (B)by striking tropical forests the second place it appears and inserting areas; and (C)by inserting at the end before the semicolon the following: and unsustainable coral reef and associated coastal marine ecosystem exploitation.

3.

Definitions

Section 803 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431a) is amended— (1)in paragraph (2)(A), by striking Committee on International Relations and inserting Committee on Foreign Affairs; (2)by striking paragraphs (4), (7), (8), and (9); (3)in paragraph (5)— (A)in the heading, by striking tropical forest and inserting tropical forest or coral reef or associated coastal marine ecosystem; (B)in the matter preceding subparagraph (A), by striking tropical forest and inserting tropical forest or coral reef or associated coastal marine ecosystem; and (C)in subparagraph (B)— (i)by striking tropical forest and inserting tropical forest or coral reef or associated coastal marine ecosystem; and (ii)by striking tropical forests and inserting tropical forests or coral reefs or associated coastal marine ecosystems; (4)by redesignating paragraphs (5) and (6) as paragraphs (9) and (10), respectively; and (5)by inserting after paragraph (3) the following: (4)

Conservation agreement

The term Conservation Agreement or Agreement means a Conservation Agreement provided for in section 809. (5)

Conservation facility

The term Conservation Facility or Facility means the Conservation Facility established in the Department of the Treasury by section 804. (6)

Conservation fund

The term Conservation Fund or Fund means a Conservation Fund provided for in section 810. (7)

Coral

The term coral means species of the phylum Cnidaria, including— (A)all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthozoa; and (B)all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (8)

Coral reef

The term coral reef means any reef or shoal composed primarily of corals. .

4.

Establishment of the Facility

Section 804 of the Tropical Forest Conservation Act of 1988 (22 U.S.C. 2431b) is amended by striking Tropical Forest Facility and inserting Conservation Facility.

5.

Eligibility for benefits

Section 805(a) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431c(a)) is amended by striking tropical forest and inserting tropical forest or coral reef or associated coastal marine ecosystem.

6.

Reduction of debt owed to the United States as a result of concessional loans under the Foreign Assistance Act of 1961

(a)

Additional terms and conditions

Subsection (c)(2) of section 806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d) is amended by striking Tropical Forest Fund and inserting Conservation Fund. (b)

Authorization of appropriations

Subsection (d)(6) of such section is amended by striking fiscal year 2007 and inserting each of the fiscal years 2007 through 2011. (c)

Use of funds To conduct program audits, evaluations, monitoring, and administration

Subsection (e) of such section is amended to read as follows: (e)

Use of funds To conduct program audits, evaluations, monitoring, and administration

Of the amounts made available to carry out this part for a fiscal year, up to $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring, and administration. .

7.

Reduction of debt owed to the United States as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954

Section 807(c)(2) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431e(c)(2)) is amended by striking Tropical Forest Fund and inserting Conservation Fund.

8.

United States Government representation on oversight bodies for grants from debt-for-nature swaps and debt-buybacks

Section 808(a)(5) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following: (C)

United States Government representation on the administering body

One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from this debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. .

9.

Conservation agreement

(a)

Authority

Subsection (a) of section 809 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended— (1)by striking (a) Authority.— and all that follows through The Secretary of State and inserting (a) Authority.—The Secretary of State; (2)by striking Tropical Forest Agreement and inserting Conservation Agreement; and (3)by striking paragraph (2). (b)

Administering body

Subsection (c)(2)(A) of such section is amended— (1)in clause (i), by inserting at the end before the semicolon the following: to serve in an official capacity; and (2)in clause (iii)(III), by inserting or marine after forestry. (c)

Eligible activities

Subsection (d) of such section is amended— (1)in the matter preceding paragraph (1), by striking the tropical forests and inserting tropical forests or coral reefs or associated coastal marine ecosystems; (2)in paragraph (2), by inserting and water after land; (3)in paragraph (5), by striking tropical forest; and (4)in paragraph (6), by striking living in or near a tropical forest in a manner consistent with protecting such tropical forest and inserting dependent on a tropical forest or coral reef or associated coastal marine ecosystem in a manner consistent with protecting and conserving such resources. (d)

Grant recipients

Subsection (e)(1) of such section is amended— (1)in subparagraph (A), by inserting marine, after forestry,; and (2)in subparagraph (C), by striking in exceptional circumstances, the government of the beneficiary country and inserting in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B). (e)

Review of larger grants

Subsection (f) of such section is amended to read as follows: (f)

Review of larger grants

Any grant of more than $250,000 from a Fund shall be approved by the Government of the United States and the government of the beneficiary country. . (f)

Conforming amendment

The heading of such section is amended by striking tropical forest and inserting conservation.

10.

Conservation fund

(a)

Establishment

Subsection (a) of section 810 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended— (1)by striking Tropical Forest Agreement and inserting Conservation Agreement; and (2)by striking Tropical Forest Fund and inserting Conservation Fund. (b)

Technical and conforming amendments

Such section is amended— (1)in subsection (b), by striking terms as conditions and inserting terms and conditions; and (2)in the heading, by striking tropical forest and inserting conservation.

11.

Board

Section 811 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431i) is hereby repealed.

12.

Annual reports to the Congress

Section 813 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431k) is amended— (1)by striking (a) In general.—; (2)by striking December 31 and inserting April 15; (3)by striking fiscal year each place it appears and inserting calendar year; and (4)by striking subsection (b).

13.

Technical and conforming amendments

(a)

Part heading

The heading of part V of the Foreign Assistance Act of 1961 is amended by striking tropical forests and inserting tropical forests or coral reefs or associated coastal marine ecosystems. (b)

Short title

(1)

Amendment

Section 801 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by striking Tropical Forest Conservation Act of 1998 and inserting Tropical Forest and Coral Conservation Act of 2009. (2)

References

Any reference in a law, regulation, document, or other record of the United States to the Tropical Forest Conservation Act of 1998 shall be deemed to be a reference to the Tropical Forest and Coral Conservation Act of 2009. (c)

Redesignation

Part V of the Foreign Assistance Act of 1961 (22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and 813 as sections 811 and 812, respectively. (d)

Other amendments

Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended— (1)in the matter preceding subparagraph (A), by striking or, as appropriate in exceptional circumstances, and inserting or; and (2)in subparagraph (A), by striking or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent, and inserting an arrangement under the structural adjustment facility or enhanced structural adjustment facility, a Fund monitored program, or is implementing sound macroeconomic policies,.