[Congressional Record Volume 155, Number 83 (Thursday, June 4, 2009)]
[Senate]
[Pages S6191-S6193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Brownback):
  S. 1183. 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; to the Committee on Foreign Relations.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1183

       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 ``Haiti Reforestation Act of 
     2009''.

     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;

[[Page S6192]]

       (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;
       (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; and
       (2) to increase annual rates of afforestation and 
     reforestation in a measurable, reportable, and verifiable 
     manner--
       (A) to eliminate within 5 years after the date of enactment 
     of this Act any further net deforestation of Haiti; and
       (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.

     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 the 
     introduction of a tree species to a parcel of nonforested 
     land of which the species is not a native species.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

         TITLE I--FORESTATION ASSISTANCE TO GOVERNMENT OF HAITI

     SEC. 101. FORESTATION ASSISTANCE.

       (a) Authority of Secretary.--
       (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)--
       (A) to reduce the deforestation of Haiti; and
       (B) to increase the rates of afforestation and 
     reforestation in Haiti.
       (2) Proposals.--
       (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--
       (i) a description of each policy and initiative to be 
     carried out using the assistance; and
       (ii) adequate documentation to ensure, as determined by the 
     Secretary, 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 Government of Haiti will establish and enforce 
     legal regimes, standards, and safeguards--

       (aa) to prevent violations of human rights and the rights 
     of local communities and indigenous people;
       (bb) to prevent harm to vulnerable social groups; and
       (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.
       (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--
       (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 Department 
     of Agriculture.
       (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--
       (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 decisionmaking 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 and 
     indigenous peoples; and
       (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 
     any change in the forest cover of Haiti;
       (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.

[[Page S6193]]

       (c) Development of Performance Metrics.--
       (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--
       (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 and indigenous people 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 Secretary shall submit to 
     the appropriate committees of Congress a report that 
     describes the actions that the Secretary 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)  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).
       (e) Additional Assistance.--The Secretary may provide 
     financial and other assistance to nongovernmental 
     stakeholders to ensure--
       (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
       (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.
       (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.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                   TITLE II--GRANTS FOR REFORESTATION

     SEC. 201. REFORESTATION GRANT PROGRAM.

       (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.
       (b) Grants Authorized.--
       (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.
       (2) Maximum amount.--
       (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.
       (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.
       (3) Duration.--The Secretary 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 and the development of liquid biofuels, to the 
     extent that neither results in the harvesting of tropical 
     forest growth; and
       (F) securing the involvement and commitment of local 
     communities and indigenous peoples--
       (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 Secretary may reasonably require.
       (2) Content.--Each application submitted under paragraph 
     (1) 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.
       (3) Preference for certain projects.--In awarding grants 
     under this section, the Secretary shall give preference 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 Secretary shall 
     collect and widely disseminate information about the 
     effectiveness of the demonstration projects assisted under 
     this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     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.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
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