[Congressional Record Volume 153, Number 152 (Tuesday, October 9, 2007)]
[House]
[Pages H11347-H11350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TROPICAL FOREST CONSERVATION ACT OF 1998 AMENDMENTS
Ms. WATSON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2185) to amend the Tropical Forest Conservation Act of 1998
to provide debt relief to developing countries that take action to
protect forests and coral reefs and associated coastal marine
ecosystems, to reauthorize such Act through fiscal year 2010, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2185
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Subsection (a) of section 802 of the
Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431) is
amended--
(1) in paragraphs (1), (6), and (7), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems'';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Coral reefs and associated coastal marine ecosystems
provide a wide range of benefits to mankind by--
``(A) harboring more species per unit area than any other
marine habitat, providing the basis for developing
pharmaceutical products and fostering a growing marine
tourism sector;
``(B) providing a major source of food and jobs for
hundreds of millions of coastal residents; and
``(C) serving as natural storm barriers, thus protecting
vulnerable shorelines and communities from storm waves and
erosion.''; and
(4) in paragraph (4) (as redesignated)--
(A) by inserting ``and coral reef and associated coastal
marine ecosystems'' after ``forest resources''; and
(B) by inserting ``and coral reef and associated coastal
marine ecosystem exploitation'' after ``tropical
deforestation''.
(b) Purposes.--Subsection (b) of such section is amended--
(1) in paragraphs (1), (3), and (4), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems''; and
(2) in paragraph (2)--
(A) by striking ``tropical forests'' the first and third
place it appears and inserting ``tropical forests and coral
reefs and associated coastal marine ecosystems'';
(B) by striking ``tropical forests'' the second place it
appears and inserting ``areas''; and
(C) by inserting at the end before the semicolon the
following: ``and unsustainable coral reef and associated
coastal marine ecosystem exploitation''.
SEC. 2. DEFINITIONS.
Section 803 of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431a) is amended--
(1) in paragraph (2)(A), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs'';
(2) by striking paragraphs (4), (7), (8), and (9);
(3) in paragraph (5)--
(A) in the heading, by striking ``tropical forest'' and
inserting ``tropical forest or coral reef or associated
coastal marine ecosystem'';
(B) in the matter preceding subparagraph (A), by striking
``tropical forest'' and inserting ``tropical forest or coral
reef or associated coastal marine ecosystem''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and inserting
``tropical forest or coral reef or associated coastal marine
ecosystem''; and
(ii) by striking ``tropical forests'' and inserting
``tropical forests or coral reefs or associated coastal
marine ecosystems'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(9) and (10), respectively; and
(5) by inserting after paragraph (3) the following:
``(4) Conservation agreement.--The term `Conservation
Agreement' or `Agreement' means a Conservation Agreement
provided for in section 809.
``(5) Conservation facility.--The term `Conservation
Facility' or `Facility' means the Conservation Facility
established in the Department of the Treasury by section 804.
``(6) Conservation fund.--The term `Conservation Fund' or
`Fund' means a Conservation Fund provided for in section 810.
``(7) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera (organpipe
corals and
[[Page H11348]]
others), and Coenothecalia (blue coral), of the class
Anthozoa; and
``(B) all species of the order Hydrocorallina (fire corals
and hydrocorals) of the class Hydrozoa.
``(8) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of corals.''.
SEC. 3. ESTABLISHMENT OF THE FACILITY.
Section 804 of the Tropical Forest Conservation Act of
1988 (22 U.S.C. 2431b) is amended by striking ``Tropical
Forest Facility'' and inserting ``Conservation Facility''.
SEC. 4. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest Conservation Act of
1998 (22 U.S.C. 2431c(a)) is amended by striking ``tropical
forest'' and inserting ``tropical forest or coral reef or
associated coastal marine ecosystem''.
SEC. 5. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A
RESULT OF CONCESSIONAL LOANS UNDER THE FOREIGN
ASSISTANCE ACT OF 1961.
(a) Additional Terms and Conditions.--Subsection (c)(2) of
section 806 of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431d) is amended by striking ``Tropical Forest
Fund'' and inserting ``Conservation Fund''.
(b) Authorization of Appropriations.--Subsection (d)(6) of
such section is amended by striking ``fiscal year 2007'' and
inserting ``each of the fiscal years 2007 through 2010''.
(c) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Subsection (e) of such
section is amended to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made
available to carry out this part for a fiscal year, up to
$300,000 is authorized to be made available to carry out
audits, evaluations, monitoring, and administration of
programs under this part, including personnel costs
associated with such audits, evaluations, monitoring, and
administration.''
SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A
RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE
AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
ACT OF 1954.
Section 807(c)(2) of the Tropical Forest Conservation Act
of 1998 (22 U.S.C. 2431e(c)(2)) is amended by striking
``Tropical Forest Fund'' and inserting ``Conservation Fund''.
SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT
BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS
AND DEBT-BUYBACKS.
Section 808(a)(5) of the Tropical Forest Conservation Act
of 1998 (22 U.S.C. 2431f(a)(5)) is amended by adding at the
end the following:
``(C) United states government representation on the
administering body.--One or more individuals appointed by the
United States Government may serve in an official capacity on
the administering body that oversees the implementation of
grants arising from this debt-for-nature swap or debt buy-
back regardless of whether the United States is a party to
any agreement between the eligible purchaser and the
government of the beneficiary country.''.
SEC. 8. CONSERVATION AGREEMENT.
(a) Authority.--Subsection (a) of section 809 of the
Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431g) is
amended--
(1) by striking ``(a) Authority.--'' and all that follows
through ``The Secretary of State'' and inserting ``(a)
Authority.--The Secretary of State'';
(2) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(3) by striking paragraph (2).
(b) Administering Body.--Subsection (c)(2)(A) of such
section is amended--
(1) in clause (i), by inserting at the end before the
semicolon the following: ``to serve in an official
capacity''; and
(2) in clause (iii)(III), by inserting ``or marine'' after
``forestry''.
(c) Eligible Activities.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``the tropical forests'' and inserting ``tropical forests or
coral reefs or associated coastal marine ecosystems'';
(2) in paragraph (2), by inserting ``and water'' after
``land'';
(3) in paragraph (5), by striking ``tropical forest''; and
(4) in paragraph (6), by striking ``living in or near a
tropical forest in a manner consistent with protecting such
tropical forest'' and inserting ``dependent on a tropical
forest or coral reef or associated coastal marine ecosystem
in a manner consistent with protecting and conserving such
resources''.
(d) Grant Recipients.--Subsection (e)(1)(A) of such section
is amended by inserting ``marine,'' after ``forestry,''.
(e) Review of Larger Grants.--Subsection (f) of such
section is amended to read as follows:
``(f) Review of Larger Grants.--Any grant of more than
$250,000 from a Fund shall be approved by the Government of
the United States and the government of the beneficiary
country.''.
(f) Conforming Amendment.--The heading of such section is
amended by striking ``TROPICAL FOREST'' and inserting
``CONSERVATION''.
SEC. 9. CONSERVATION FUND.
(a) Establishment.--Subsection (a) of section 810 of the
Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431h) is
amended--
(1) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(2) by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Technical and Conforming Amendments.--Such section is
amended--
(1) in subsection (b), by striking ``terms as conditions''
and inserting ``terms and conditions''; and
(2) in the heading, by striking ``TROPICAL FOREST'' and
inserting ``CONSERVATION''.
SEC. 10. BOARD.
Section 811 of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431i) is hereby repealed.
SEC. 11. ANNUAL REPORTS TO THE CONGRESS.
Section 813 of the Tropical Forest Conservation Act of
1998 (22 U.S.C. 2431k) is amended--
(1) by striking ``(a) In General.--'';
(2) by striking ``December 31'' and inserting ``April 15'';
(3) by striking ``fiscal year'' each place it appears and
inserting ``calendar year''; and
(4) by striking subsection (b).
SEC. 12. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Part Heading.--The heading of part V of the Foreign
Assistance Act of 1961 is amended by striking ``TROPICAL
FORESTS'' and inserting ``TROPICAL FORESTS OR CORAL REEFS OR
ASSOCIATED COASTAL MARINE ECOSYSTEMS''.
(b) Short Title.--
(1) Amendment.--Section 801 of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and
inserting ``Tropical Forest and Coral Conservation Act of
2007''.
(2) References.--Any reference in a law, regulation,
document, or other record of the United States to the
Tropical Forest Conservation Act of 1998 shall be deemed to
be a reference to the Tropical Forest and Coral Conservation
Act of 2007.
(3) Availability of unobligated or unexpended funds.--
Amounts appropriated to carry out the Tropical Forest
Conservation Act of 1998 (as in effect on the day before the
date of the enactment of this Act) that are unobligated or
unexpended as of the date of the enactment of this Act may be
used to carry out the Tropical Forest and Coral Conservation
Act of 2007.
(c) Redesignation.--Part V of the Foreign Assistance Act of
1961 (22 U.S.C. 2431 et seq.) is amended by redesignating
sections 812 and 813 as sections 811 and 812, respectively.
(d) Other Amendments.-- Section 703(a)(5) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or, as appropriate in exceptional circumstances,'' and
inserting ``or''; and
(2) in subparagraph (A), by striking ``or an arrangement
under the structural adjustment facility or enhanced
structural adjustment facility, or in exceptional
circumstances, a Fund monitored program or its equivalent,''
and inserting ``an arrangement under the structural
adjustment facility or enhanced structural adjustment
facility, a Fund monitored program, or is implementing sound
macroeconomic policies,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Watson) and the gentleman from Florida (Mr. Bilirakis)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. WATSON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. WATSON. Mr. Speaker, I rise in strong support of this bill and I
yield myself such time as I may consume.
Mr. Speaker, I strongly support the Tropical Forest Conservation Act
Reauthorization bill and urge my colleagues to do so as well. I would
particularly like to recognize the efforts of Congressman Mark Kirk,
the sponsor of H.R. 2185. Congressman Kirk is a long-time champion of
this innovative debt-for-conservation program. Mr. Kirk's legislation
extends and expands a vitally important environmental initiative
launched during the Clinton administration.
Mr. Speaker, over the past 9 years this program has resulted in 12
Tropical Forest Conservation Act agreements in Asia, the Caribbean,
Central and South America. These agreements have provided $135 million
to help conserve 50 million acres of tropical forests. The Tropical
Forest Conservation Act has become one of the most effective foreign
policy tools that the executive branch has at its disposal to encourage
developing states to take action to protect and preserve tropical
forests.
[[Page H11349]]
The program has been a tremendous success. It has provided needed
funding to actively pursue debt swaps, buybacks, and debt restructuring
with developing nations in return for concrete expenditures aimed at
protecting vital natural resources. This mechanism inspires more prompt
debt servicing and gives foreign governments a greater sense of
responsibility for preserving the global heritage.
H.R. 2185 would expand the program in a very significant way by
extending its debt-relief-for-conservation mechanism to expenditures
aimed at protecting coral reefs and sensitive marine environments.
Coral reefs and coastal marine environments provide a host of benefits
to humankind. They harbor a major share of the world's marine
biological diversity, and act as vital nurseries and seeding grounds
for many sensitive deep sea species. They also provide the foundation
for economic, social and recreational activities of immeasurable value.
Mr. Speaker, coral reefs are extremely sensitive treasures. However,
the shocking reports of wide-scale coral bleaching that has occurred
around the globe in recent years should serve as a wake-up call for all
of us. Urgent action is needed to mitigate the contributions that human
activities are making to this problem.
H.R. 2185 provides just the kind of creative, targeted and mutually
beneficial assistance that is clearly required to tackle this important
ecological threat. H.R. 2185 will also enable more key countries to
participate in the program. Currently, in order to qualify for the
Act's mutually beneficial mechanism, a country must have an IMF
agreement in place. Under the new language, eligibility would also
extend to nations that are implementing sound macroeconomic policies.
Mr. Speaker, the executive branch has partnered with us in crafting
this reauthorization, and has expressed its interest in seeing it pass
this year. I urge my colleagues to support passage of this important
measure.
Mr. Speaker, I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the bill H.R. 2185, which would
reauthorize and amend the Tropical Forest Conservation Act of 1998. As
the total territory of the world's tropical forests continue to
decline, programs such as that created by the Tropical Forest
Conservation Act of 1998 are an important component of international
efforts to slow and hopefully reverse the decline at the start of the
new century.
Under the Tropical Forest Conservation Act, a country with a tropical
forest within its borders may seek an agreement with the United States
whereby some of the debts it may owe us can instead be utilized to
support activities that maintain those tropical forests. The bill would
reauthorize this important conservation program through fiscal year
2010. The bill also amends the program in order to make coral reefs
eligible for coverage under the program as well.
This is an important response to the increasing evidence of decline
in the world coral reefs, which, along with tropical forests, are a
vital environmental resource. It is important that we preserve such
underwater treasures, not just for future generations to enjoy, but to
ensure the sustainability of our world's fragile ecology.
Mr. Speaker, enactment of this bill would authorize a continuation of
these important conservation efforts for the next 3 fiscal years. I
support this measure and urge my colleagues as well to support this
measure.
Mr. HASTINGS of Florida. Mr. Speaker, I am very proud to rise today
in support of H.R. 2185, a resolution that I introduced with my good
friend Congressman Mark Kirk and the bipartisan support of 30 other
cosponsors.
I would like to first extend my appreciation for the hard work and
efforts made by all parties who worked to craft this important
bipartisan piece of legislation. Congressman Kirk and I worked closely
with the Nature Conservancy, Conservation International, the World
Wildlife Fund, the Wildlife Conservation Society, the Office of
Management and Budget, and Departments of State and Treasury on this
bill. I thank each of these bodies for their input, cooperation and
support.
This innovative program allows eligible developing countries to
utilize all funds spent on tropical forest preservation toward foreign
debt payments to the United States.
Mr. Speaker, H.R. 2185 builds on the already successful and sound
economic and conservation law, the Tropical Forest Conservation Act,
TFCA, of 1998.
For 7 years, the program created by that act has simultaneously
accomplished two key goals: providing relief for the burden of debt on
developing countries and promoting increased international tropical
forest conservation.
The program's achievements speak for themselves. Since its inception,
12 ``debt-for nature swaps'' have been signed in developing countries
in Asia, the Caribbean, Central and South America, generating $135
million in debt relief for these countries and conserving some 50
million acres of tropical forests.
Our legislation reauthorizes and expands this program.
By reauthorizing the Tropical Forest Conservation Act, the House is
continuing to strengthen the indigenous economies and civil society of
developing countries while protecting both the world's forests and
endangered marine habitats.
Additionally, by continuing to protect our rainforests we are
protecting future medicinal storehouses. The medicinal value of these
rainforests cannot be underestimated. Today some 120 prescription drugs
sold worldwide today are derived directly from rainforest plants. By
conserving our rainforests, we are providing possible cures for life-
threatening diseases.
By expanding this legislation, we are improving on an already
responsible, sensible and successful initiative to conserve more
ecosystems and relieve more countries' debt.
One of the most significant expansions we made to the Tropical Forest
Conservation Act in this bill extends the program to apply to all
forests, coral reefs and associated coastal marine ecosystems.
Including coral reefs and related marine areas under the scope of TFCA
will encourage the conservation of these endangered marine
environments.
Coral reef ecosystems throughout the world face numerous threats and
even possible extinction. Threats to coral reef, in turn, threaten the
species and livelihoods that depend on them. Coral reef offers
protections from storms, wave damage, and erosion and also provides
various economic opportunities from fishing to ecotourism.
By providing incentives for developing nations to conserve their
coral resources, we are in effect protecting coastal landscape's and
maintaining coastal quality of water of some of the most important
coral reef ecosystems in the world.
Another important alteration we made to the legislation expands the
programs eligibility to additional countries. Current law forbids
governments of beneficiary countries to be grant recipients unless
there are ``exceptional circumstances.'' However, for many countries
their governments are the sole managers of their ecosystems, thereby
preventing them from receiving the funds. By increasing the Treasury
Department's authority to provide funds to governments of beneficiary
countries, our legislation extends the programs' eligibility to even
more developing countries.
A final significant change we made to the program authorizes
additional funding for audits and evaluation and allows these funds to
be used for monitoring and administration. Increasing the funding
amount allows the Treasury Department to better monitor all deals and
improve oversight over the entire program.
Top notch strategies and technologies needed to conserve and protect
our international ecosystems can be found right here in the United
States. In my State of Florida, several institutions have long been at
the forefront of efforts to preserve these marine habitats.
The Florida Aquarium, a non-profit education and research institution
in Tampa, has developed cutting edge technologies and protocols for
coral conservation including how to safely introduce cultural coral
into wild reefs. Until the museum pioneered this technology, there was
no viable solution to ``quickly'' rebuild destroyed and dying reefs.
Developing countries participating in our debt relief initiative could
greatly benefit from the museum's technology and expertise, and I
strongly encourage these countries to seek out the museum as a resource
in their efforts to rehabilitate coral.
The Harbor Branch Oceanographic Institution, located outside of my
district in Fort Pierce, does equally outstanding work to investigate
the causes of and prevent coral reef degradation and deforestation. Dr.
Brian Lapointe of the Center for Coastal Research at Harbor Branch has
spent the majority of his career studying threats to the marine
ecosystems in island nations such as Jamaica, Trinidad and Tobago,
Martinique and St. Lucia. He has successfully assisted these countries
by helping them understand the effects of human impact on coral reef.
Dr. Lapointe and others at Harbor Branch Oceanographic have
tirelessly worked to educate communities on rehabilitation strategies
and future conservation techniques. People like Brian Lapointe and
institutions like Harbor
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Branch Oceanographic can help countries that get assistance through the
Tropical Forest Conservation Act program to restore and protect
valuable and irreplaceable coral reefs and other marine ecosystems.
This bill is a win-win-win situation. With the passage of this bill,
Congress can further alleviate debt in developing countries, provide
long-term sustainable financing for environmental conservation and
protection for important world ecosystems, and advance medicinal
research and increase United States assistance to developing countries
and further our credibility overseas. Reauthorizing the Tropical Forest
Conservation Act provides numerous benefits to developing nations, to
the United States, and to our planet.
I urge my colleagues to vote in favor of this bill.
Ms. CASTOR. Mr. Speaker, as we reauthorize the Tropical Forest
Conservation Act, we take an important and critical new step to help
the world preserve and restore its natural resources and vital
ecosystems. This reauthorization will continue our efforts to preserve
the world's forests, coral reefs, and associated coastal marine
ecosystems. The Tropical Forest Conservation Act will create an
invaluable debt-for-nature exchange that not only benefits the global
economy, but also the global environment.
Protecting our natural resources is a daunting responsibility, and
coral reefs present unique challenges to protect and rebuild. They are
fragile, slow-growing, and easily damaged by passing ships, changes in
temperature, or severe weather. Despite these challenges, they are an
integral part of our environment. Corals support economies, protect
coastlines, and act as ecosystems for thousands of species of sea life.
They may also provide information for the development of new drugs or
understandings of human disease.
The Florida Aquarium, a non-profit education and research institution
in Tampa, has extensive experience in developing cutting edge
technologies and protocols for coral conservation, including how to
safely introduce cultured coral onto wild reefs. This facility has
pioneered the methods and technology needed to confidently direct a
coral health certificate program wherein aquacultured corals are
certified as safe for introduction into the wild. Until the Florida
Aquarium developed this certification technique for artificially
aquacultured coral, there was no acceptable solution for doing so. This
made rebuilding reefs time-consuming and expensive, and often led to
the destruction of the wild coral that scientists were trying to
restore. Today, the Florida Aquarium continues to lead the scientific
community as the only institution in the world that can certify
aquacultured coral for wild reefs.
Mr. Speaker, developing countries participating in our debt relief
initiative could greatly benefit from the Florida Aquarium's technology
and expertise. I strongly encourage the coral initiatives under the
Tropical Forest Conservation Act to seek out the Florida Aquarium as a
resource in rehabilitating coral reefs world wide. I am proud to
support this important legislation in its effort to preserve our
natural resources.
Mr. BILIRAKIS. Mr. Speaker, I yield back the balance of my time.
Ms. WATSON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Watson) that the House suspend the
rules and pass the bill, H.R. 2185, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend the Tropical
Forest Conservation Act of 1998 to provide debt relief to developing
countries that take action to protect tropical forests and coral reefs
and associated coastal marine ecosystems, to reauthorize such Act
through fiscal year 2010, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________