[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1183 Reported in Senate (RS)]

                                                       Calendar No. 649
111th CONGRESS
  2d Session
                                S. 1183

                          [Report No. 111-352]

To authorize the Secretary of Agriculture to provide assistance to the 
 Government of Haiti to end within 5 years the deforestation in Haiti 
  and restore within 30 years the extent of tropical forest cover in 
          existence in Haiti in 1990, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2009

 Mr. Durbin (for himself, Mr. Brownback, Ms. Collins, Mr. Sanders, Mr. 
 Lieberman, Mr. Burris, Mr. Cardin, Mr. Brown of Ohio, Mr. Kirk, Mrs. 
   Feinstein, Mr. Leahy, Mr. Dodd, Mr. Lautenberg, Mr. Bingaman, Mr. 
  Lugar, Mr. Kerry, Mrs. Gillibrand, and Mr. Feingold) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                           November 18, 2010

 Reported by Mr. Kerry, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Agriculture to provide assistance to the 
 Government of Haiti to end within 5 years the deforestation in Haiti 
  and restore within 30 years the extent of tropical forest cover in 
          existence in Haiti in 1990, 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 ``Haiti Reforestation Act of 
2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the established policy of the Federal 
        Government is to support and seek protection of tropical 
        forests around the world;</DELETED>
        <DELETED>    (2) tropical forests provide a wide range of 
        benefits by--</DELETED>
                <DELETED>    (A) harboring a major portion of the 
                biological and terrestrial resources of Earth and 
                providing habitats for an estimated 10,000,000 to 
                30,000,000 plant and animal species, including species 
                essential to medical research and agricultural 
                productivity;</DELETED>
                <DELETED>    (B) playing a critical role as carbon 
                sinks that reduce greenhouse gases in the atmosphere, 
                as 1 hectare of tropical forest can absorb up to 
                approximately 3 tons of carbon dioxide per year, thus 
                moderating potential global climate change; 
                and</DELETED>
                <DELETED>    (C) regulating hydrological cycles upon 
                which agricultural and coastal resources 
                depend;</DELETED>
        <DELETED>    (3) tropical forests are also a key factor in 
        reducing rates of soil loss, particularly on hilly 
        terrain;</DELETED>
        <DELETED>    (4) while international efforts to stem the tide 
        of tropical deforestation have accelerated during the past 2 
        decades, the rapid rate of tropical deforestation continues 
        unabated;</DELETED>
        <DELETED>    (5) in 1923, over 60 percent of the land of Haiti 
        was forested but, by 2006, that percentage had decreased to 
        less than 2 percent;</DELETED>
        <DELETED>    (6) during the period beginning in 2000 and ending 
        in 2005, the deforestation rate in Haiti accelerated by more 
        than 20 percent over the deforestation rate in Haiti during the 
        period beginning in 1990 and ending in 1999;</DELETED>
        <DELETED>    (7) as a result, during the period described in 
        paragraph (6), Haiti lost--</DELETED>
                <DELETED>    (A) nearly 10 percent (approximately 
                11,000 hectares) of the forest cover of Haiti; 
                and</DELETED>
                <DELETED>    (B) approximately 22 percent of the total 
                forest and woodland habitat of Haiti;</DELETED>
        <DELETED>    (8) poverty and economic pressures are--</DELETED>
                <DELETED>    (A) two factors that underlie the tropical 
                deforestation of Haiti; and</DELETED>
                <DELETED>    (B) manifested particularly through the 
                clearing of vast areas of forest for conversion to 
                agricultural uses;</DELETED>
        <DELETED>    (9) the unemployment rate of Haiti is 
        approximately 80 percent;</DELETED>
        <DELETED>    (10) the per capita income of Haiti is $450 per 
        year, which is barely one-tenth of the per capita income of 
        Latin America and the Caribbean;</DELETED>
        <DELETED>    (11) two-thirds of the population of Haiti depend 
        on the agricultural sector, which consists mainly of small-
        scale subsistence farming;</DELETED>
        <DELETED>    (12) 60 percent of the population of Haiti relies 
        on charcoal produced from cutting down trees for cooking 
        fuel;</DELETED>
        <DELETED>    (13) soil erosion represents the most direct 
        effect of the deforestation of Haiti, as the erosion has--
        </DELETED>
                <DELETED>    (A) lowered the productivity of the land 
                due to the poor soils underlying the tropical 
                forests;</DELETED>
                <DELETED>    (B) worsened the severity of 
                droughts;</DELETED>
                <DELETED>    (C) led to further 
                deforestation;</DELETED>
                <DELETED>    (D) significantly decreased the quality 
                and, as a result, quantity of freshwater and clean 
                drinking water available to the population of Haiti; 
                and</DELETED>
                <DELETED>    (E) increased the pressure on the 
                remaining land and trees in Haiti;</DELETED>
        <DELETED>    (14) tropical forests provide forest cover to 
        soften the effect of heavy rains and reduce erosion by 
        anchoring the soil with their roots;</DELETED>
        <DELETED>    (15) when trees are cleared, rainfall runs off the 
        soil more quickly and contributes to floods and further 
        erosion;</DELETED>
        <DELETED>    (16) in 2004, Hurricane Jeanne struck Haiti, 
        killing approximately 3,000, and affecting over 200,000, 
        people, partly because deforestation had resulted in the 
        clearing of large hillsides, which enabled rainwater to run off 
        directly to settlements located at the bottom of the 
        slopes;</DELETED>
        <DELETED>    (17) research conducted by the United Nations 
        Environmental Programme has revealed a direct (89 percent) 
        correlation between the extent of the deforestation of a 
        country and the incidence of victims per weather event in the 
        country;</DELETED>
        <DELETED>    (18) finding economic benefits for local 
        communities from sustainable uses of tropical forests is 
        critical for the long-term protection of the tropical forests 
        in Haiti; and</DELETED>
        <DELETED>    (19) tropical reforestation efforts would provide 
        new sources of jobs, income, and investments in Haiti by--
        </DELETED>
                <DELETED>    (A) providing employment opportunities in 
                tree seedling programs, contract tree planting and 
                management, sustainable agricultural initiatives, 
                sustainable and managed timber harvesting, and wood 
                products milling and finishing services; and</DELETED>
                <DELETED>    (B) enhancing community enterprises that 
                generate income through the trading of sustainable 
                forest resources, many of which exist on small scales 
                in Haiti and in the rest of the region.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to provide 
assistance to the Government of Haiti to develop and implement, or 
improve, nationally appropriate policies and actions--</DELETED>
        <DELETED>    (1) to reduce deforestation and forest degradation 
        in Haiti; and</DELETED>
        <DELETED>    (2) to increase annual rates of afforestation and 
        reforestation in a measurable, reportable, and verifiable 
        manner--</DELETED>
                <DELETED>    (A) to eliminate within 5 years after the 
                date of enactment of this Act any further net 
                deforestation of Haiti; and</DELETED>
                <DELETED>    (B) to restore within 30 years after the 
                date of enactment of this Act the forest cover of Haiti 
                to the surface area that the forest cover had occupied 
                in 1990.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the United States Agency for 
        International Development.</DELETED>
        <DELETED>    (2) Afforestation.--</DELETED>
                <DELETED>    (A) In general.--The term 
                ``afforestation'' means the establishment of a new 
                forest through the seeding of, or planting of tress on, 
                a parcel of nonforested land.</DELETED>
                <DELETED>    (B) Inclusion.--The term ``afforestation'' 
                includes the introduction of a tree species to a parcel 
                of nonforested land of which the species is not a 
                native species.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>

       <DELETED>TITLE I--FORESTATION ASSISTANCE TO GOVERNMENT OF 
                            HAITI</DELETED>

<DELETED>SEC. 101. FORESTATION ASSISTANCE.</DELETED>

<DELETED>    (a) Authority of Secretary.--</DELETED>
        <DELETED>    (1) In general.--In accordance with paragraph (2), 
        the Secretary, in consultation with the Administrator, may 
        offer to enter into agreements with the Government of Haiti to 
        provide financial assistance, technology transfers, or capacity 
        building assistance for the conduct of activities to develop 
        and implement 1 or more forestation proposals under paragraph 
        (2)--</DELETED>
                <DELETED>    (A) to reduce the deforestation of Haiti; 
                and</DELETED>
                <DELETED>    (B) to increase the rates of afforestation 
                and reforestation in Haiti.</DELETED>
        <DELETED>    (2) Proposals.--</DELETED>
                <DELETED>    (A) In general.--To be eligible for 
                assistance under paragraph (1), the Government of Haiti 
                shall submit to the Secretary 1 or more proposals that 
                contain--</DELETED>
                        <DELETED>    (i) a description of each policy 
                        and initiative to be carried out using the 
                        assistance; and</DELETED>
                        <DELETED>    (ii) adequate documentation to 
                        ensure, as determined by the Secretary, that--
                        </DELETED>
                                <DELETED>    (I) each policy and 
                                initiative will be--</DELETED>
                                        <DELETED>    (aa) carried out 
                                        and managed in accordance with 
                                        widely accepted environmentally 
                                        sustainable forestry and 
                                        agricultural practices; 
                                        and</DELETED>
                                        <DELETED>    (bb) designed and 
                                        implemented in a manner by 
                                        which to improve the governance 
                                        of forests by building 
                                        governmental capacity to be 
                                        more transparent, inclusive, 
                                        accountable, and coordinated in 
                                        decisionmaking processes and 
                                        the implementation of the 
                                        policy or initiative; 
                                        and</DELETED>
                                <DELETED>    (II) the Government of 
                                Haiti will establish and enforce legal 
                                regimes, standards, and safeguards--
                                </DELETED>
                                        <DELETED>    (aa) to prevent 
                                        violations of human rights and 
                                        the rights of local communities 
                                        and indigenous 
                                        people;</DELETED>
                                        <DELETED>    (bb) to prevent 
                                        harm to vulnerable social 
                                        groups; and</DELETED>
                                        <DELETED>    (cc) to ensure 
                                        that members of local 
                                        communities and indigenous 
                                        people in affected areas, as 
                                        partners and primary 
                                        stakeholders, will be engaged 
                                        in the design, planning, 
                                        implementation, monitoring, and 
                                        evaluation of the policies and 
                                        initiatives.</DELETED>
                <DELETED>    (B) Determination of compatibility with 
                certain programs.--In evaluating each proposal under 
                subparagraph (A), the Secretary shall ensure that each 
                policy and initiative described in the proposal 
                submitted by the Government of Haiti under that 
                subparagraph is compatible with--</DELETED>
                        <DELETED>    (i) broader development, poverty 
                        alleviation, and natural resource conservation 
                        objectives and initiatives in Haiti; 
                        and</DELETED>
                        <DELETED>    (ii) the development, poverty 
                        alleviation, disaster risk management, and 
                        climate resilience programs of the Department 
                        of Agriculture.</DELETED>
<DELETED>    (b) Eligible Activities.--Any assistance received by the 
Government of Haiti under subsection (a)(1) shall be used to implement 
a proposal developed under subsection (a)(2), which may include--
</DELETED>
        <DELETED>    (1) the provision of technologies and associated 
        support for activities to reduce deforestation or increase 
        afforestation and reforestation rates, including--</DELETED>
                <DELETED>    (A) fire reduction initiatives;</DELETED>
                <DELETED>    (B) forest law enforcement 
                initiatives;</DELETED>
                <DELETED>    (C) the development of timber tracking 
                systems;</DELETED>
                <DELETED>    (D) the development of cooking fuel 
                substitutes;</DELETED>
                <DELETED>    (E) initiatives to increase agricultural 
                productivity;</DELETED>
                <DELETED>    (F) tree-planting initiatives; 
                and</DELETED>
                <DELETED>    (G) programs that are designed to focus on 
                market-based solutions, including programs that 
                leverage the international carbon-offset 
                market;</DELETED>
        <DELETED>    (2) the enhancement and expansion of governmental 
        and nongovernmental institutional capacity to effectively 
        design and implement a proposal developed under subsection 
        (a)(2) through initiatives, including--</DELETED>
                <DELETED>    (A) the establishment of transparent, 
                accountable, and inclusive decisionmaking processes 
                relating to all stakeholders (including affected local 
                communities);</DELETED>
                <DELETED>    (B) the promotion of enhanced coordination 
                among ministries and agencies responsible for 
                agroecological zoning, mapping, land planning and 
                permitting, sustainable agriculture, forestry, and law 
                enforcement; and</DELETED>
                <DELETED>    (C) the clarification of land tenure and 
                resource rights of affected communities, including 
                local communities and indigenous peoples; and</DELETED>
        <DELETED>    (3) the development and support of institutional 
        capacity to measure, verify, and report the activities carried 
        out by the Government of Haiti to reduce deforestation and 
        increase afforestation and reforestation rates through the use 
        of appropriate methods, including--</DELETED>
                <DELETED>    (A) the use of best practices and 
                technologies to monitor any change in the forest cover 
                of Haiti;</DELETED>
                <DELETED>    (B) the monitoring of the impacts of 
                policies and initiatives on--</DELETED>
                        <DELETED>    (i) affected 
                        communities;</DELETED>
                        <DELETED>    (ii) the biodiversity of the 
                        environment of Haiti; and</DELETED>
                        <DELETED>    (iii) the health of the tropical 
                        forests of Haiti; and</DELETED>
                <DELETED>    (C) independent and participatory forest 
                monitoring.</DELETED>
<DELETED>    (c) Development of Performance Metrics.--</DELETED>
        <DELETED>    (1) In general.--If the Secretary provides 
        assistance under subsection (a)(1), in accordance with 
        paragraph (2), the Secretary, in cooperation with the 
        Government of Haiti and, if necessary, in consultation with the 
        Administrator, shall develop appropriate performance metrics to 
        measure, verify, and report--</DELETED>
                <DELETED>    (A) the conduct of each policy and 
                initiative to be carried out by the Government of 
                Haiti;</DELETED>
                <DELETED>    (B) the results of each policy and 
                initiative with respect to the tropical forests of 
                Haiti; and</DELETED>
                <DELETED>    (C) each impact of each policy and 
                initiative on the local communities and indigenous 
                people of Haiti.</DELETED>
        <DELETED>    (2) Requirements.--Performance metrics developed 
        under paragraph (1) shall, to the maximum extent practicable, 
        include short-term and long-term metrics to evaluate the 
        implementation of each policy and initiative contained in each 
        proposal developed under subsection (a)(2).</DELETED>
<DELETED>    (d) Reports.--</DELETED>
        <DELETED>    (1) Initial report.--Not later than 18 months 
        after the date of enactment of this Act, the Secretary shall 
        submit to the appropriate committees of Congress a report that 
        describes the actions that the Secretary has taken, and plans 
        to take--</DELETED>
                <DELETED>    (A) to engage with the Government of 
                Haiti, nongovernmental stakeholders, and public and 
                private nonprofit organizations to implement this 
                section; and</DELETED>
                <DELETED>    (B) to enter into agreements with the 
                Government of Haiti under subsection (a)(1).</DELETED>
        <DELETED>    (2)  Biennual reports.--Not later than 2 years 
        after the date on which the Secretary first provides assistance 
        to the Government of Haiti under subsection (a)(1) and 
        biennially thereafter, the Secretary shall submit to Congress a 
        report that describes the progress of the Government of Haiti 
        in implementing each policy and initiative contained in the 
        proposal submitted under subsection (a)(2).</DELETED>
<DELETED>    (e) Additional Assistance.--The Secretary may provide 
financial and other assistance to nongovernmental stakeholders to 
ensure--</DELETED>
        <DELETED>    (1) the access by local communities and indigenous 
        people to information relating to each policy and initiative to 
        be carried out by the Government of Haiti through funds made 
        available under subsection (a)(1); and</DELETED>
        <DELETED>    (2) that the groups described in paragraph (1) 
        have an appropriate opportunity to participate effectively in 
        the design, implementation, and independent monitoring of each 
        policy and initiative.</DELETED>
<DELETED>    (f) Nongovernmental Organization.--At the election of the 
Government of Haiti, or on the determination of the Secretary, in 
cooperation with the Government of Haiti, the Government of Haiti may 
enter into an agreement with a private, nongovernmental conservation 
organization authorizing the organization to act on behalf of the 
Government of Haiti for the purposes of this section.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

         <DELETED>TITLE II--GRANTS FOR REFORESTATION</DELETED>

<DELETED>SEC. 201. REFORESTATION GRANT PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary, in consultation with 
the Administrator, shall establish a grant program to carry out the 
purposes of this Act, including reversing deforestation and improving 
reforestation and afforestation in Haiti.</DELETED>
<DELETED>    (b) Grants Authorized.--</DELETED>
        <DELETED>    (1) In general.--The Secretary is authorized to 
        award grants and contracts to public and private nonprofit 
        organizations to carry out projects that, in the aggregate, 
        reverse deforestation and improve reforestation and 
        afforestation.</DELETED>
        <DELETED>    (2) Maximum amount.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), the Secretary may not award a grant 
                under this section in an amount greater than $500,000 
                per year.</DELETED>
                <DELETED>    (B) Exception.--The Secretary may award a 
                grant under this section in an amount greater than 
                $500,000 per year if the Secretary determines that the 
                recipient of the grant has demonstrated success with 
                respect to a project that was the subject of a grant 
                under this section.</DELETED>
        <DELETED>    (3) Duration.--The Secretary shall award grants 
        under this section for a period not to exceed 3 
        years.</DELETED>
<DELETED>    (c) Use of Funds.--</DELETED>
        <DELETED>    (1) In general.--Grants awarded pursuant to 
        subsection (b) may be used for activities such as--</DELETED>
                <DELETED>    (A) providing a financial incentive to 
                protect trees;</DELETED>
                <DELETED>    (B) providing hands-on management and 
                oversight of replanting efforts;</DELETED>
                <DELETED>    (C) focusing on sustainable income-
                generating growth;</DELETED>
                <DELETED>    (D) providing seed money to start 
                cooperative reforestation and afforestation efforts and 
                providing subsequent conditional funding for such 
                efforts contingent upon required tree care and 
                maintenance activities;</DELETED>
                <DELETED>    (E) promoting widespread use of improved 
                cooking stove technologies and the development of 
                liquid biofuels, to the extent that neither results in 
                the harvesting of tropical forest growth; and</DELETED>
                <DELETED>    (F) securing the involvement and 
                commitment of local communities and indigenous 
                peoples--</DELETED>
                        <DELETED>    (i) to protect tropical forests in 
                        existence as of the date of enactment of this 
                        Act; and</DELETED>
                        <DELETED>    (ii) to carry out afforestation 
                        and reforestation activities.</DELETED>
        <DELETED>    (2) Consistency with proposals.--To the maximum 
        extent practicable, a project carried out using grant funds 
        shall support and be consistent with the proposal developed 
        under section 101(a)(2) that is the subject of the 
        project.</DELETED>
<DELETED>    (d) Application.--</DELETED>
        <DELETED>    (1) In general.--To be eligible for a grant under 
        this section, an entity shall prepare and submit an application 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.</DELETED>
        <DELETED>    (2) Content.--Each application submitted under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) a description of the objectives to be 
                attained;</DELETED>
                <DELETED>    (B) a description of the manner in which 
                the grant funds will be used;</DELETED>
                <DELETED>    (C) a plan for evaluating the success of 
                the project based on verifiable evidence; and</DELETED>
                <DELETED>    (D) to the extent that the applicant 
                intends to use nonnative species in afforestation 
                efforts, an explanation of the benefit of the use of 
                nonnative species over native species.</DELETED>
        <DELETED>    (3) Preference for certain projects.--In awarding 
        grants under this section, the Secretary shall give preference 
        to applicants that propose--</DELETED>
                <DELETED>    (A) to develop market-based solutions to 
                the difficulty of reforestation in Haiti, including the 
                use of conditional cash transfers and similar financial 
                incentives to protect reforestation efforts;</DELETED>
                <DELETED>    (B) to partner with local communities and 
                cooperatives; and</DELETED>
                <DELETED>    (C) to focus on efforts that build local 
                capacity to sustain growth after the completion of the 
                underlying grant project.</DELETED>
<DELETED>    (e) Dissemination of Information.--The Secretary shall 
collect and widely disseminate information about the effectiveness of 
the demonstration projects assisted under this section.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

<DELETED>SEC. 202. FOREST PROTECTION GRANTS.</DELETED>

<DELETED>    Chapter 7 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2281 et seq.) is amended by inserting after section 466 the 
following new section:</DELETED>

<DELETED>``SEC. 467. PILOT PROGRAM FOR HAITI.</DELETED>

<DELETED>    ``(a) Submission of List of Areas of Severely Degraded 
Natural Resources.--The Administrator of the Agency for International 
Development, in cooperation with nongovernmental conservation 
organizations, shall invite the Government of Haiti to submit a list of 
areas within the territory of Haiti in which tropical forests are 
seriously degraded or threatened.</DELETED>
<DELETED>    ``(b) Review of List.--The Administrator shall assess the 
list submitted by the Government of Haiti under subsection (a) and 
shall seek to reach agreement with the Government of Haiti for the 
restoration and future sustainable use of those areas.</DELETED>
<DELETED>    ``(c) Grant Program.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Administrator of the 
        Agency for International Development is authorized to make 
        grants, in consultation with the International Forestry 
        Division of the Department of Agriculture and on such terms and 
        conditions as may be necessary, to nongovernmental 
        organizations for the purchase on the open market of discounted 
        commercial debt of the Government of Haiti in exchange for 
        commitments by the Government of Haiti to restore tropical 
        forests identified by the Government under subsection (a) or 
        for commitments to develop plans for sustainable use of such 
        tropical forests.</DELETED>
        <DELETED>    ``(2) Management of protected areas.--Each 
        recipient of a grant under this subsection shall participate in 
        the ongoing management of the area or areas protected pursuant 
        to such grant.</DELETED>
        <DELETED>    ``(3) Retention of proceeds.--Notwithstanding any 
        other provision of law, a grantee (or any subgrantee) of the 
        grants referred to in section (a) may retain, without deposit 
        in the Treasury of the United States and without further 
        appropriation by Congress, interest earned on the proceeds of 
        any resulting debt-for-nature exchange pending the 
        disbursements of such proceeds and interest for approved 
        program purposes, which may include the establishment of an 
        endowment, the income of which is used for such 
        purposes.</DELETED>
<DELETED>    ``(d) Authorization of Appropriations.--There are 
authorized to be appropriated such sums as are necessary to carry out 
this section.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haiti Reforestation Act of 2010''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the established policy of the Federal Government is to 
        support and seek protection of tropical forests around the 
        world;
            (2) tropical forests provide a wide range of benefits by--
                    (A) harboring a major portion of the biological and 
                terrestrial resources of Earth and providing habitats 
                for an estimated 10,000,000 to 30,000,000 plant and 
                animal species, including species essential to medical 
                research and agricultural productivity;
                    (B) playing a critical role as carbon sinks that 
                reduce greenhouse gases in the atmosphere, as 1 hectare 
                of tropical forest can absorb up to approximately 3 
                tons of carbon dioxide per year, thus moderating 
                potential global climate change; and
                    (C) regulating hydrological cycles upon which 
                agricultural and coastal resources depend;
            (3) tropical forests are also a key factor in reducing 
        rates of soil loss, particularly on hilly terrain;
            (4) while international efforts to stem the tide of 
        tropical deforestation have accelerated during the past 2 
        decades, the rapid rate of tropical deforestation continues 
        unabated;
            (5) in 1923, over 60 percent of the land of Haiti was 
        forested but, by 2006, that percentage had decreased to less 
        than 2 percent;
            (6) during the period beginning in 2000 and ending in 2005, 
        the deforestation rate in Haiti accelerated by more than 20 
        percent over the deforestation rate in Haiti during the period 
        beginning in 1990 and ending in 1999;
            (7) as a result, during the period described in paragraph 
        (6), Haiti lost--
                    (A) nearly 10 percent (approximately 11,000 
                hectares) of the forest cover of Haiti; and
                    (B) approximately 22 percent of the total forest 
                and woodland habitat of Haiti;
            (8) poverty and economic pressures are--
                    (A) two factors that underlie the tropical 
                deforestation of Haiti; and
                    (B) manifested particularly through the clearing of 
                vast areas of forest for conversion to agricultural 
                uses;
            (9) the unemployment rate of Haiti is approximately 80 
        percent;
            (10) the per capita income of Haiti is $450 per year, which 
        is barely one-tenth of the per capita income of Latin America 
        and the Caribbean;
            (11) two-thirds of the population of Haiti depend on the 
        agricultural sector, which consists mainly of small-scale 
        subsistence farming;
            (12) 60 percent of the population of Haiti relies on 
        charcoal produced from cutting down trees for cooking fuel;
            (13) soil erosion represents the most direct effect of the 
        deforestation of Haiti, as the erosion has--
                    (A) lowered the productivity of the land due to the 
                poor soils underlying the tropical forests;
                    (B) worsened the severity of droughts and flooding 
                events;
                    (C) led to further deforestation;
                    (D) significantly decreased the quality and, as a 
                result, quantity of freshwater and clean drinking water 
                available to the population of Haiti; and
                    (E) increased the pressure on the remaining land 
                and trees in Haiti;
            (14) tropical forests provide forest cover to soften the 
        effect of heavy rains and reduce erosion by anchoring the soil 
        with their roots;
            (15) when trees are cleared, rainfall runs off the soil 
        more quickly and contributes to floods and further erosion;
            (16) in 2004, Hurricane Jeanne struck Haiti, killing 
        approximately 3,000, and affecting over 200,000, people, partly 
        because deforestation had resulted in the clearing of large 
        hillsides, which enabled rainwater to run off directly to 
        settlements located at the bottom of the slopes;
            (17) research conducted by the United Nations Environmental 
        Programme has revealed a direct (89 percent) correlation 
        between the extent of the deforestation of a country and the 
        incidence of victims per weather event in the country;
            (18) finding economic benefits for local communities from 
        sustainable uses of tropical forests is critical for the long-
        term protection of the tropical forests in Haiti; and
            (19) tropical reforestation efforts would provide new 
        sources of jobs, income, and investments in Haiti by--
                    (A) providing employment opportunities in tree 
                seedling programs, contract tree planting and 
                management, sustainable agricultural initiatives, 
                sustainable and managed timber harvesting, and wood 
                products milling and finishing services; and
                    (B) enhancing community enterprises that generate 
                income through the trading of sustainable forest 
                resources, many of which exist on small scales in Haiti 
                and in the rest of the region.
    (b) Purpose.--The purpose of this Act is to provide assistance to 
the Government of Haiti to develop and implement, or improve, 
nationally appropriate policies and actions--
            (1) to reduce deforestation and forest degradation in 
        Haiti;
            (2) to increase annual rates of afforestation and 
        reforestation in a measurable, reportable, and verifiable 
        manner--
                    (A) to restore social and economic conditions for 
                environmental recovery of 35 percent of Haiti's land 
                surface area within 5 years after the date of enactment 
                of this Act;
                    (B) to restore within 30 years after the date of 
                enactment of this Act the forest cover of Haiti to at 
                least 10 percent of the land in Haiti; and
                    (C) to establish within 10 years after the date of 
                enactment of this Act agroforestry cover of land in 
                Haiti to more than 25 percent; and
            (3) to improve sustainable resource management at the 
        watershed scale.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Afforestation.--
                    (A) In general.--The term ``afforestation'' means 
                the establishment of a new forest through the seeding 
                of, or planting of tress on, a parcel of nonforested 
                land.
                    (B) Inclusion.--The term ``afforestation'' 
                includes--
                            (i) the introduction of a tree species to a 
                        parcel of nonforested land of which the species 
                        is not a native species; and
                            (ii) the increase of tree cover through 
                        plantations.
            (3) Agroforestry.--
                    (A) In general.--The term ``agroforestry'' refers 
                to systems in which perennial trees or shrubs are 
                integrated with crops or livestock, and where 
                perennials constitute a minimum 10 percent of ground 
                cover.
                    (B) Inclusion.--Actual forest cover resulting from 
                agroforestry programs can be counted toward the total 
                forest cover goal set forth in section (2)(b).
            (4) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (5) Deforestation.--The term ``deforestation'' refers to 
        the conversion of forest to another land use or the long term 
        reduction of the tree canopy.
            (6) Forest.--
                    (A) In general.--The term ``forest'' means a 
                terrestrial ecosystem containing native tree species 
                generated and maintained primarily through natural 
                ecological and evolutionary processes.
                    (B) Exclusion.--The term ``forest'' does not 
                include plantations, such as crops of trees planted 
                primarily by humans for the purposes of harvesting.
            (7) Reforestation.--
                    (A) In general.--The term ``reforestation'' refers 
                to the establishment of forest on lands that were 
                previously considered as forest, but which have been 
                deforested.
                    (B) Inclusion.--The term ``reforestation'' includes 
                the increase of tree cover through plantations.

TITLE I--FORESTATION AND WATERSHED MANAGEMENT ASSISTANCE TO GOVERNMENT 
                                OF HAITI

SEC. 101. FORESTATION ASSISTANCE.

    (a) Authority.--
            (1) In general.--In accordance with section 117 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151p) and consistent 
        with the provisions of paragraph (2), the President is 
        authorized to provide assistance to the Government of Haiti in 
        the form of financial assistance, technology transfers, or 
        capacity building assistance for the conduct of activities to 
        develop and implement 1 or more forestation proposals under 
        paragraph (2)--
                    (A) to reduce the deforestation of Haiti; and
                    (B) to increase the rates of afforestation and 
                reforestation in Haiti.
            (2) Proposals.--
                    (A) In general.--Assistance under this title may be 
                provided to the Government of Haiti to implement one or 
                more proposals that contain--
                            (i) a description of each policy and 
                        initiative to be carried out using the 
                        assistance;
                            (ii) adequate documentation to ensure, as 
                        determined by the President, that--
                                    (I) each policy and initiative will 
                                be--
                                            (aa) carried out and 
                                        managed in accordance with 
                                        widely accepted environmentally 
                                        sustainable forestry and 
                                        agricultural practices; and
                                            (bb) designed and 
                                        implemented in a manner by 
                                        which to improve the governance 
                                        of forests by building 
                                        governmental capacity to be 
                                        more transparent, inclusive, 
                                        accountable, and coordinated in 
                                        decisionmaking processes and 
                                        the implementation of the 
                                        policy or initiative; and
                                    (II) the proposals will further 
                                establish and enforce legal regimes, 
                                standards, and safeguards--
                                            (aa) to prevent violations 
                                        of human rights and the rights 
                                        of local communities;
                                            (bb) to prevent harm to 
                                        vulnerable social groups; and
                                            (cc) to ensure that members 
                                        of local communities in 
                                        affected areas, as partners and 
                                        primary stakeholders, will be 
                                        engaged in the design, 
                                        planning, implementation, 
                                        monitoring, and evaluation of 
                                        the policies and initiatives; 
                                        and
                            (iii) a description of how the proposal or 
                        proposals support and aid forest restoration 
                        efforts consistent with the purpose set forth 
                        in section 2(b).
                    (B) Determination of compatibility with certain 
                programs.--In evaluating each proposal under 
                subparagraph (A), the President shall ensure that each 
                policy and initiative described in the proposal 
                submitted by the Government of Haiti under that 
                subparagraph is compatible with--
                            (i) broader development, poverty 
                        alleviation, and natural resource conservation 
                        objectives and initiatives in Haiti; and
                            (ii) the development, poverty alleviation, 
                        disaster risk management, and climate 
                        resilience programs of the United States Agency 
                        for International Development.
    (b) Eligible Activities.--Any assistance received by the Government 
of Haiti under subsection (a)(1) shall be conditional upon development 
and implementation of a proposal under subsection (a)(2), which may 
include--
            (1) the provision of technologies and associated support 
        for activities to reduce deforestation or increase 
        afforestation and reforestation rates, including--
                    (A) fire reduction initiatives;
                    (B) forest law enforcement initiatives;
                    (C) the development of timber tracking systems;
                    (D) the development of cooking fuel substitutes;
                    (E) initiatives to increase agricultural 
                productivity;
                    (F) tree-planting initiatives; and
                    (G) programs that are designed to focus on market-
                based solutions, including programs that leverage the 
                international carbon-offset market;
            (2) the enhancement and expansion of governmental and 
        nongovernmental institutional capacity to effectively design 
        and implement a proposal developed under subsection (a)(2) 
        through initiatives, including--
                    (A) the establishment of transparent, accountable, 
                and inclusive decision-making processes relating to all 
                stakeholders (including affected local communities);
                    (B) the promotion of enhanced coordination among 
                ministries and agencies responsible for agroecological 
                zoning, mapping, land planning and permitting, 
                sustainable agriculture, forestry, and law enforcement; 
                and
                    (C) the clarification of land tenure and resource 
                rights of affected communities, including local 
                communities;
            (3) the development and support of institutional capacity 
        to measure, verify, and report the activities carried out by 
        the Government of Haiti to reduce deforestation and increase 
        afforestation and reforestation rates through the use of 
        appropriate methods, including--
                    (A) the use of best practices and technologies to 
                monitor land use change in Haiti, including changes in 
                the extent of natural forest cover, protected areas, 
                mangroves, agroforestry, and agriculture;
                    (B) the monitoring of the impacts of policies and 
                initiatives on--
                            (i) affected communities;
                            (ii) the biodiversity of the environment of 
                        Haiti; and
                            (iii) the health of the tropical forests of 
                        Haiti; and
                    (C) independent and participatory forest 
                monitoring; and
            (4) the development of and coordination with watershed 
        restoration programs in Haiti, including--
                    (A) agreements with the Government of Haiti, 
                nongovernmental organizations, or private sector 
                partners to provide technical assistance, capacity 
                building, or technology transfers which support the 
                environmental recovery of Haiti's watersheds through 
                forest restoration activities, provided that the 
                assistance will help strengthen economic drivers of 
                sustainable resource management, reduce environmental 
                vulnerability, and improve governance, planning, and 
                community action of watersheds in Haiti;
                    (B) actions to support economic incentives for 
                sustainable resource management, may including enhanced 
                incentives for the replacement of annual hillside 
                cropping with perennial and non-erosive production 
                systems;
                    (C) enhanced extension services supporting the 
                sustainable intensification of agriculture to increase 
                farmer incomes and reduce pressure on degraded land; 
                and
                    (D) investments in watershed infrastructure to 
                reduce environmental vulnerability, including the 
                establishment of appropriate erosion control measures 
                through reforestation activities in targeted watersheds 
                or sub-watersheds.
    (c) Development of Performance Metrics.--
            (1) In general.--If the President provides assistance under 
        subsection (a)(1), the President, in cooperation with the 
        Government of Haiti, shall develop appropriate performance 
        metrics to measure, verify, and report--
                    (A) the conduct of each policy and initiative to be 
                carried out by the Government of Haiti;
                    (B) the results of each policy and initiative with 
                respect to the tropical forests of Haiti; and
                    (C) each impact of each policy and initiative on 
                the local communities of Haiti.
            (2) Requirements.--Performance metrics developed under 
        paragraph (1) shall, to the maximum extent practicable, include 
        short-term and long-term metrics to evaluate the implementation 
        of each policy and initiative contained in each proposal 
        developed under subsection (a)(2).
    (d) Reports.--
            (1) Initial report.--Not later than 18 months after the 
        date of enactment of this Act, the President shall submit to 
        the appropriate committees of Congress a report that describes 
        the actions that the President has taken, and plans to take--
                    (A) to engage with the Government of Haiti, 
                nongovernmental stakeholders, and public and private 
                nonprofit organizations to implement this section; and
                    (B) to enter into agreements with the Government of 
                Haiti under subsection (a)(1).
            (2) Biennial reports.--Not later than 2 years after the 
        date on which the President first provides assistance to the 
        Government of Haiti under subsection (a)(1) and biennially 
        thereafter, the President shall submit to Congress a report 
        that describes the progress of the Government of Haiti in 
        implementing each policy and initiative contained in the 
        proposal submitted under subsection (a)(2).
    (e) Additional Assistance.--The President is authorized to provide 
financial and other assistance to the Government of Haiti, local 
government bodies, or nongovernmental organizations for the purpose 
of--
            (1) providing local communities information relating to 
        each policy and initiative to be carried out by the Government 
        of Haiti through funds made available under subsection (a)(1);
            (2) promoting effective participation by local communities 
        in the design, implementation, and independent monitoring of 
        each policy and initiative; and
            (3) promoting, consistent with supporting the 
        sustainability of forestation activities, enhanced watershed 
        governance, national planning, and community action programs 
        that lead to increased--
                    (A) development of a national watershed management 
                policy for Haiti with the Inter-Ministerial Committee 
                for Land Management, the Ministry of Environment, 
                Ministry of Agriculture, and the Ministry of Planning 
                and External Cooperation;
                    (B) establishment of an effective forum for donor 
                coordination related to management and reforestation in 
                Haiti;
                    (C) support for the National Center for Geospatial 
                Information (CNIGS) to provide technology, data, and 
                monitoring support for improved watershed and forest 
                resource management at a national scale in Haiti; and
                    (D) development of effective governance structures 
                in Haiti for stakeholder engagement, coordination of 
                approaches, and land use planning and disaster 
                mitigation at the watershed scale.

                   TITLE II--GRANTS FOR REFORESTATION

SEC. 201. REFORESTATION GRANT PROGRAM.

    (a) Establishment.--The President is authorized to establish a 
grant program to carry out the purposes of this Act, including 
reversing deforestation and improving reforestation and afforestation 
in Haiti.
    (b) Grants Authorized.--
            (1) In general.--The President is authorized to award 
        grants and contracts to carry out projects that, in the 
        aggregate, reverse deforestation and improve reforestation and 
        afforestation.
            (2) Maximum amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the President may not award a grant under this 
                section in an amount greater than $500,000 per year.
                    (B) Exception.--The President may award a grant 
                under this section in an amount greater than $500,000 
                per year if the President determines that the recipient 
                of the grant has demonstrated success with respect to a 
                project that was the subject of a grant under this 
                section.
            (3) Duration.--The President shall award grants under this 
        section for a period not to exceed 3 years.
    (c) Use of Funds.--
            (1) In general.--Grants awarded pursuant to subsection (b) 
        may be used for activities such as--
                    (A) providing a financial incentive to protect 
                trees;
                    (B) providing hands-on management and oversight of 
                replanting efforts;
                    (C) focusing on sustainable income-generating 
                growth;
                    (D) providing seed money to start cooperative 
                reforestation and afforestation efforts and providing 
                subsequent conditional funding for such efforts 
                contingent upon required tree care and maintenance 
                activities;
                    (E) promoting widespread use of improved cooking 
                stove technologies, to the extent that this does not 
                result in the harvesting of tropical forest growth and 
                other renewable fuel technologies that reduce 
                deforestation and improve human health; and
                    (F) securing the involvement and commitment of 
                local communities--
                            (i) to protect tropical forests in 
                        existence as of the date of enactment of this 
                        Act; and
                            (ii) to carry out afforestation and 
                        reforestation activities.
            (2) Consistency with proposals.--To the maximum extent 
        practicable, a project carried out using grant funds shall 
        support and be consistent with the proposal developed under 
        section 101(a)(2) that is the subject of the project.
    (d) Application.--
            (1) In general.--To be eligible for a grant under this 
        section, an entity shall prepare and submit an application at 
        such time, in such manner, and containing such information as 
        the President may reasonably require.
            (2) Content.--Each application submitted under paragraph 
        (1) should be consistent with the findings of the 2007 United 
        States Agency for International Development report entitled, 
        ``Environmental Vulnerability in Haiti: Findings and 
        Recommendations'', and shall include--
                    (A) a description of the objectives to be attained;
                    (B) a description of the manner in which the grant 
                funds will be used;
                    (C) a plan for evaluating the success of the 
                project based on verifiable evidence; and
                    (D) to the extent that the applicant intends to use 
                nonnative species in afforestation efforts, an 
                explanation of the benefit of the use of nonnative 
                species over native species and verification that the 
                species to be used are not invasive.
            (3) Preference for certain projects.--In awarding grants 
        under this section, preference shall be given to applicants 
        that propose--
                    (A) to develop market-based solutions to the 
                difficulty of reforestation in Haiti, including the use 
                of conditional cash transfers and similar financial 
                incentives to protect reforestation efforts;
                    (B) to partner with local communities and 
                cooperatives; and
                    (C) to focus on efforts that build local capacity 
                to sustain growth after the completion of the 
                underlying grant project.
    (e) Dissemination of Information.--The President shall collect and 
widely disseminate information about the effectiveness of the 
demonstration projects assisted under this section.

SEC. 202. FOREST PROTECTION GRANTS.

    Chapter 7 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2281 et seq.) is amended by inserting after section 466 the 
following new section:

``SEC. 467. PILOT PROGRAM FOR HAITI.

    ``(a) Submission of List of Areas of Severely Degraded Natural 
Resources.--The Administrator of the Agency for International 
Development, in cooperation with nongovernmental conservation 
organizations, shall invite the Government of Haiti to submit a list of 
areas within the territory of Haiti in which tropical forests are 
seriously degraded or threatened.
    ``(b) Review of List.--The Administrator shall assess the list 
submitted by the Government of Haiti under subsection (a) and shall 
seek to reach agreement with the Government of Haiti for the 
restoration and future sustainable use of those areas.
    ``(c) Grant Program.--
            ``(1) Grants authorized.--The Administrator of the Agency 
        for International Development is authorized to make grants, in 
        consultation with the International Forestry Division of the 
        Department of Agriculture and on such terms and conditions as 
        may be necessary, to nongovernmental organizations for the 
        purchase on the open market of discounted commercial debt of 
        the Government of Haiti in exchange for commitments by the 
        Government of Haiti to restore tropical forests identified by 
        the Government under subsection (a) or for commitments to 
        develop plans for sustainable use of such tropical forests.
            ``(2) Management of protected areas.--Each recipient of a 
        grant under this subsection shall participate in the ongoing 
        management of the area or areas protected pursuant to such 
        grant.
            ``(3) Retention of proceeds.--Notwithstanding any other 
        provision of law, a grantee (or any subgrantee) of the grants 
        referred to in section (a) may retain, without deposit in the 
        Treasury of the United States and without further appropriation 
        by Congress, interest earned on the proceeds of any resulting 
        debt-for-nature exchange pending the disbursements of such 
        proceeds and interest for approved program purposes, which may 
        include the establishment of an endowment, the income of which 
        is used for such purposes.
            ``(4) Termination of program.--The authority to make grants 
        under the pilot program shall terminate five years after the 
        date of the enactment of this Act. The authority may be renewed 
        for one additional five-year period during the 30-year 
        reforestation period targeted by this Act if the Administrator 
        determines and certifies to Congress that the pilot program is 
        effective in meeting the goals of the Act and the commitment of 
        the Government of Haiti to returning land in Haiti to long-term 
        sustainable forests. The cumulative duration of the pilot 
        program may not exceed ten total years.''.

                  TITLE III--ADMINISTRATIVE PROVISION

SEC. 301. DELEGATION.

    The President may delegate authorities and duties under this Act to 
the Administrator or the Secretary of State, as appropriate.
            Amend the title so as to read: ``A bill to authorize the 
        President to provide assistance to the Government of Haiti to 
        reduce deforestation and forest degradation in Haiti, and for 
        other purposes.''.
                                                       Calendar No. 649

111th CONGRESS

  2d Session

                                S. 1183

                          [Report No. 111-352]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Agriculture to provide assistance to the 
 Government of Haiti to end within 5 years the deforestation in Haiti 
  and restore within 30 years the extent of tropical forest cover in 
          existence in Haiti in 1990, and for other purposes.

_______________________________________________________________________

                           November 18, 2010

        Reported with an amendment and an amendment to the title