[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5134 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5134
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Coons (for himself, Mr. Graham, Mr. Boozman, Mr. Whitehouse, Mr.
Heinrich, Mr. Burr, and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Foundation for
International Conservation Act of 2022''.
SEC. 2. 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 under 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
under section 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish the
United States Foundation for International Conservation.
(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.
(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.
SEC. 4. 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 ex-officio nonvoting Directors
described in subparagraph (B); and
(ii) the voting Directors appointed
pursuant to subparagraph (C).
(B) Ex-officio directors.--The ex-officio Directors
shall be the following individuals or designees of such
individuals:
(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) Initial members.--The Secretary, in
consultation with the other ex-officio Directors, 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)--
(i) 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 appointed Director 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 those 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.
SEC. 5. 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, an
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.
(4) Tax exemption.--
(A) In general.--The Foundation, any income or
property received or owned by the Foundation, and all
transactions relating to such income or property shall
be exempt from all Federal, State, and local taxation.
(B) Exempt organizations.--Contributions, gifts,
and other transfers made to or for the use of the
Foundation shall be treated as contributions, gifts, or
transfers to an organization exempt from taxation under
section 501(c)(3) of the Internal Revenue Code of 1986.
(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.
SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.
(a) Safeguards.--The Foundation shall develop, and incorporate into
any agreement for support provided by the Foundation, appropriate
safeguards, policies, and guidelines, consistent with 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 described in 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.
SEC. 7. 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.
SEC. 8. ANNUAL REPORT.
Not later than 360 days after the date of the enactment of this
Act, and annually thereafter while the Foundation continues to
function, the Executive Director of the Foundation shall submit a
report to the appropriate congressional committees that describes--
(1) the goals of the Foundation;
(2) the programs, projects, and activities supported by the
Foundation;
(3) private and governmental contributions to the
Foundation; and
(4) the standardized criteria utilized to determine the
programs and activities supported by the Foundation, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved for each
project.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--There are authorized to be
appropriated, for each of the fiscal years 2023 through 2032, such sums
as may be necessary for the administrative expenses of the Foundation.
(b) Program Funds.--
(1) Authorization.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2023 through 2032 to
carry out section 7.
(2) Cost matching requirement.--Amounts appropriated
pursuant to paragraph (1) 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.
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