118 HR 6727 IH: United States Foundation for International Conservation Act of 2023
U.S. House of Representatives
2023-12-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 6727
IN THE HOUSE OF REPRESENTATIVES
December 12, 2023
Mr. McCaul (for himself, Mr. Cole, Mr. Meeks, Mr. Joyce of Ohio, Ms. McCollum, Mr. Hudson, Mr. Cuellar, Mr. Garamendi, Mr. Reschenthaler, Ms. Wild, Mr. Kean of New Jersey, and Ms. Kamlager-Dove) introduced the following bill; which was referred to the Committee on Foreign Affairs
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.
1.

Short title
This Act may be cited as the “United States Foundation for International Conservation Act of 2023”.
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 pursuant to section 4(a).
(3)

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

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

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

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

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

Secretary
The term Secretary means the Secretary of State.
3.

United States Foundation for International Conservation
(a)

Establishment
(1)

In general
There is established the United States Foundation for International Conservation (in this Act referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation.
(2)

Termination of operations
The Foundation shall terminate operations on the date that is 10 years after the date on which it is established pursuant to paragraph (1), in accordance with—
(A)
a plan for winding down the activities of the Foundation that the Board shall submit to the appropriate congressional committees not later than 180 days before such termination date; and
(B)
the bylaws established pursuant to section 4(a)(9).
(b)

Purposes
The purposes of the Foundation are—
(1)
to provide grants for the management of priority protected and conserved areas that have a high degree of biodiversity or species and ecosystems of significant importance;
(2)
to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries;
(3)
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;
(4)
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;
(5)
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
(6)
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.
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 Directors described in subparagraph (B); and
(ii)
appointed Directors described in subparagraph (C).
(B)

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

Appointed directors
The Secretary, in consultation with the other Directors described in subparagraph (B), the Speaker and minority leader of the House of Representatives, and the majority and minority leader of the Senate, 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)

Appointment structure
There shall be an appointment structure that applies to directors in subsection (C) such that—
(i)
the Speaker of the House of Representatives after consultation with the chair of the Committee on Foreign Affairs of the House and the minority leader of the House of Representatives after consultation with the ranking member of the Committee on Foreign Affairs of the House shall each submit a list of five individuals to be considered by the Secretary for appointment to the Board of Directors, of which the Secretary shall appoint one individual from each list submitted; and
(ii)
the majority leader of the Senate after consultation with the chair of the Committee on Foreign Relations of the Senate and the minority leader of the Senate after consultation with the ranking minority member of the Committee on Foreign Relations of the Senate shall each submit a list of individuals to be considered by the Secretary for appointment to the Board of Directors, of which the Secretary shall appoint one individual from each list submitted.
(E)

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

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

Terms; vacancies
(A)

Terms
(i)

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

Initial appointed directors
Of the initial Directors appointed pursuant to paragraph (2)(C)—
(I)
5 Directors, including at least 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 described in paragraph (2)(E), as corresponding to 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. Such reimbursement may only be made available for expenses incurred outside the United States if at least two Directors concurrently incurred such expenses.
(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;
(E)
take steps to limit the Foundations administrative expenses to the extent practicable; and
(F)
not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management.
(9)

Bylaws
(A)

In general
The bylaws established pursuant to paragraph (8)(A) shall 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;
(iv)
the specific duties of the Executive Director;
(v)
policies for winding down the activities of the Foundation upon its termination, including a plan—
(I)
to return unspent appropriations to the Department of the Treasury; and
(II)
to donate unspent private and philanthropic contributions to projects that align with the goals and requirements described in section 7; and
(vi)
policies for vetting grantees to ensure the Foundation does not provide grants to for-profit entities whose primary objective is activity other than conservation.
(B)

Requirements
The Board shall ensure that the bylaws of the Foundation and the activities carried out under such bylaws do not—
(i)
reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or
(ii)
compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program.
(b)

Executive director
The Board shall hire an Executive Director of the Foundation, who shall serve, at the pleasure of the Board, as the Chief Executive Officer of the Foundation.
(c)

Foundation staff
Officers and employees of the Foundation—
(1)
may not be employees of, or hold any office in, the United States Government;
(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; and
(3)
may not receive a salary at a rate in excess of 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5, United States Code, for that fiscal year.
(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.
5.

Corporate powers and obligations of the foundation
(a)

General authority
(1)

In general
The Foundation—
(A)
may conduct business throughout the States, territories, and possessions of the United States and in foreign countries;
(B)
shall have its principal offices in the Washington, DC, metropolitan area; and
(C)
shall continuously maintain a designated agent in Washington, DC, who is authorized to accept notice or service of process on behalf of the Foundation.
(2)

Notice and service of process
The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(C), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation.
(3)

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 located in the United States;
(2)
to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property located in the United States;
(3)
unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property located in the United States;
(4)
to 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)

Limitation of public liability
The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.
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 developed pursuant to subsection (a);
(B)
a dispute resolution function for resolving concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and
(C)
an advisory function that reports to the Foundation on projects, policies, and practices.
(2)

Duties
The accountability mechanism shall—
(A)
report annually to the Board and to the appropriate congressional committees regarding the Foundation’s compliance with internationally recognized best practices and standards in accordance with paragraph (1)(A);
(B)
(i)
have permanent staff to conduct compliance reviews and dispute resolutions; or
(ii)
maintain a roster of experts to serve such roles, to the extent needed; and
(C)
hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism.
(c)

Internal accountability
The Foundation shall establish an ombudsman position at a senior level of executive staff as a confidential, neutral source of information and assistance to anyone affected by the activities of the Foundation.
7.

Projects and grants
(a)

Project funding requirements
(1)

In general
The Foundation shall—
(A)
provide grants to fund eligible projects described in paragraph (2) 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 at a ratio of 2 from other sources to 1 from 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 prior 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 to determine candidate 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 threatened or at risk biological diversity; or
(ii)
species or ecosystems of significant importance, including threated or endangered species or ecosystems at risk of degradation or destruction; 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, or 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 as determined through the review process described in paragraph (1); and
(ii)
a justification for such eligibility ; 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 shall—
(A)
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;
(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; and
(D)
prioritize investments in communities with low levels of economic development to the extent practicable.
(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, indexed for inflation, 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, wetlands, 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.
8.

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

In general
The Foundation may not provide support for any government, or any entity owned or controlled by a government, if the Secretary has determined that such government—
(1)
has repeatedly provided support for acts of international terrorism, as determined under—
(A)
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
(B)
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
(C)
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
(D)
any other relevant provision of law; or
(2)
has engaged in a consistent pattern of gross violations of internationally recognized human rights, as determined under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law.
(b)

Prohibition of support for sanctioned persons
The Foundation may not engage in any dealing prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary or by the Secretary of the Treasury.
(c)

Prohibition of support for activities subject to sanctions
The Foundation shall require any person receiving support to certify that such person, and any entity owned or controlled by such person, is in compliance with all United States sanctions laws and regulations.
9.

Annual report
Not later than 360 days after the date of the enactment of this Act, and annually thereafter while the Foundation continues to operate, the Executive Director of the Foundation shall submit a report to the appropriate congressional committees that describes—
(1)
the goals of the Foundation;
(2)
the programs, projects, and activities supported by the Foundation;
(3)
private and governmental contributions to the Foundation; and
(4)
the standardized criteria utilized to determine the programs and activities supported by the Foundation, including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being achieved for each project.
10.

Authorization of appropriations
(a)

In general
There are authorized to be appropriated to the Foundation $1,000,000 for fiscal year 2024 and $100,000,000 for each of the fiscal years 2025 through 2035 to carry out the purposes of this Act.
(b)

Cost matching requirement
Amounts appropriated pursuant to subsection (a) may only be made available to grantees to the extent the Foundation or such grantees secure funding for an eligible project from sources other than the United States Government in an amount that is not less than twice the amount received in grants for such project pursuant to section 7.
(c)

Prohibition on use of grant amounts for lobbying expenses
Amounts provided as a grant by the Foundation shall not be used for any activity the purpose of which is to influence legislation pending before the United States Congress.