7 U.S.C. § 1738f — Environmental framework agreements

Page 1028 TITLE 7—AGRICULTURE § 1738f (b) Currency of payment, deposits (1) United States dollars An eligible country to which a new obliga- tion has been issued under section 1738c of this title that has not entered into an agreement under section 1738f of this title, shall be re- quired to pay interest on such obligation in United States dollars which shall be deposited in Commodity Credit Corporation accounts. (2) Local currency If an eligible country to which a new obliga- tion has been issued under section 1738c of this title has entered into an agreement under sec- tion 1738f of this title, interest under such ob- ligation may be paid in the local currency of the eligible country and deposited into an En- vironmental Fund as provided for in section 1738g of this title. Such interest shall be the property of the eligible country until such time as it is disbursed under section 1738g of this title. Such local currencies shall be used for the purposes specified in the agreement en- tered into under section 1738f of this title. (c) Interest previously paid If an eligible country to which a new obliga- tion has been issued under section 1738c of this title enters into an agreement under section 1738f of this title subsequent to the date on which interest first becomes due on such new obligation, any interest paid on such new obliga- tion prior to such agreement being entered into shall not be redeposited into the Fund estab- lished for the eligible country under section 1738g(a) of this title but shall be deposited into Commodity Credit Corporation accounts. (July 10, 1954, ch. 469, title VI, § 606, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3659; amended Pub. L. 102–237, title III, § 304, Dec. 13, 1991, 105 Stat. 1855.) Editorial Notes AMENDMENTS 1991—Subsec. (c). Pub. L. 102–237 inserted ‘‘accounts’’ after ‘‘Corporation’’. § 1738f. Environmental framework agreements (a) Authority The President is authorized to enter into an environmental framework agreement with each country eligible for benefits from the Facility concerning the operation and use of an Enter- prise for the Americas Environmental Fund (hereafter referred to in this subchapter as the ‘‘Environmental Fund’’) established under sec- tion 1738g of this title for that country. The President shall consult with the Board estab- lished under section 1738i of this title when en- tering into such agreements. (b) Requirements An environmental framework agreement en- tered into under this section shall— (1) require the eligible country to establish an Environmental Fund; (2) require the eligible country to make in- terest payments under section 1738g(a) of this title into the Environmental Fund; (3) require the eligible country to make prompt disbursements from the Environ- mental Fund to the body described in sub- section (c); (4) where appropriate, seek to maintain the value of the local currency resources deposited into the appropriate Environmental Fund in terms of United States dollars; (5) specify, in accordance with section 1738k of this title, the purposes for which the Envi- ronmental Fund may be used; and (6) contain reasonable provisions for the en- forcement of the terms of the agreement. (c) Administering body Funds disbursed from the Environmental Fund in an eligible country shall be administered by a body constituted under the laws of the coun- try. Such body shall— (1) be composed of— (A) one or more representatives appointed by the President; (B) one or more representatives appointed by the eligible country; and (C) representatives from a broad range of environmental and local community devel- opment nongovernmental organizations of the host country; the majority of which shall be local represent- atives from nongovernmental organizations, and scientific or academic bodies; (2) receive proposals for grant assistance from local organizations, and make grants to such organizations in accordance with the pri- orities agreed upon in the framework agree- ment and consistent with the overall purposes of section 1738k of this title; (3) be responsible for the management of the program and oversight of grant activities funded from resources of the Environmental Fund; (4) be subject to fiscal audits by an inde- pendent auditor on an annual basis; (5) present an annual program for review by the Board established under section 1738i of this title each year; (6) present an annual report on the activities undertaken during the previous year to the Chairman of the Board established under sec- tion 1738i of this title, and the government of the eligible country each year; and (7) have any grant over $100,000 be subject to veto by the United States and the government of the eligible country. (July 10, 1954, ch. 469, title VI, § 607, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3659; amended Pub. L. 102–237, title III, § 305, Dec. 13, 1991, 105 Stat. 1855.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–237 moved closing quotation marks in parenthetical phrase from after ‘‘Environmental’’ to after ‘‘Fund’’. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 2 of Ex. Ord. No. 13345, July 8, 2004, Page 1029 TITLE 7—AGRICULTURE § 1738k 69 F.R. 41901, set out as a note under section 1738 of this title. § 1738g. Enterprise for the Americas environ- mental funds (a) Establishment An eligible country shall, under the terms of an environmental framework agreement entered into under section 1738f of this title, establish an Environmental Fund to receive payments in local currency pursuant to section 1738f(b)(1) of this title. (b) Investment Amounts deposited into an Environmental Fund shall be invested until disbursed. Notwith- standing any other provision of law, any return on such investment may be retained by the En- vironmental Fund and need not be deposited to the account of the Commodity Credit Corpora- tion and may be retained without further appro- priation by Congress. (July 10, 1954, ch. 469, title VI, § 608, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3660.) § 1738h. Disbursement of environmental funds Funds in an Environmental Fund shall be dis- bursed only pursuant to a framework agreement entered into pursuant to section 1738f of this title. (July 10, 1954, ch. 469, title VI, § 609, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3661.) § 1738i. Enterprise for the Americas Board (a) Establishment There is established a board to be known as the ‘‘Enterprise for the Americas Board’’ (here- after referred to in this subchapter as the ‘‘Board’’). (b) Membership and chairperson (1) Membership The Board shall be composed of— (A) six representatives from the United States Government, at least one of whom shall be a representative of the Department of Agriculture; and (B) five representatives from private non- governmental environmental, child survival and child development, community develop- ment, scientific, and academic organizations with experience and expertise in Latin America and the Caribbean, at least one of whom shall be a representative from a child survival and child development organiza- tion; to be appointed by the President. (2) Chairperson The Board shall be headed by a chairperson who shall be appointed by the President from among the representatives appointed under paragraph (1)(A). (c) Responsibilities The Board shall— (1) advise the President on the negotiations for the environmental framework agreements described in subsections (a) and (b) of section 1738f of this title; (2) ensure, in consultation with the govern- ment of the appropriate eligible country, with nongovernmental organizations of such eligi- ble country, and if appropriate, of the region, and with environmental, scientific, and aca- demic leaders of such eligible country and, as appropriate, of the region, that a suitable body referred to in section 1738f(c) of this title is identified; and (3) review the programs, operations, and fis- cal audits of the bodies referred to in section 1738f(c) of this title. (July 10, 1954, ch. 469, title VI, § 610, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3661; amended Pub. L. 102–237, title III, § 339, Dec. 13, 1991, 105 Stat. 1861; Pub. L. 102–549, title VI, § 603, Oct. 28, 1992, 106 Stat. 3669.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–549, § 603(1), substituted ‘‘Enter- prise’’ for ‘‘Environment’’ in section catchline. Subsec. (a). Pub. L. 102–549, § 603(2), substituted ‘‘En- terprise’’ for ‘‘Environment’’. Subsec. (b)(1)(B). Pub. L. 102–549, § 603(3), inserted ‘‘child survival and child development,’’ after ‘‘environ- mental,’’ and ‘‘, at least one of whom shall be a rep- resentative from a child survival and child develop- ment organization’’. 1991—Subsec. (b)(1)(A). Pub. L. 102–237, § 339(1), sub- stituted ‘‘six’’ for ‘‘five’’ and inserted ‘‘, at least one of whom shall be a representative of the Department of Agriculture’’ after ‘‘Government’’. Subsec. (b)(1)(B). Pub. L. 102–237, § 339(2), substituted ‘‘five’’ for ‘‘four’’. § 1738j. Oversight The President may designate appropriate United States agencies to review the implemen- tation of programs under this subchapter and the fiscal audits relating to such programs. Such oversight shall not constitute active man- agement of an Environmental Fund. (July 10, 1954, ch. 469, title VI, § 611, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3661.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, set out as a note under section 1738 of this title. § 1738k. Eligible activities and grantees (a) Eligible entities Activities eligible to receive assistance through the framework agreements entered into under section 1738f of this title, shall include— (1) activities of the type described in the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 2281 et seq.); (2) agriculture-related activities, including those that provide for the biological preven- tion and control of animal and plant pests and diseases, to benefit the environment; and (3) local community initiatives that promote conservation and sustainable use of the envi- ronment.