22 U.S.C. § 10609 — Authorization of appropriations

Page 2352 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10607 (C) strive to generate a partnership men- tality among all participants, including pub- lic and private funders, host governments, local protected areas authorities, and pri- vate and nongovernmental organization partners; (D) prioritize investments in communities with low levels of economic development to the greatest extent practicable and appro- priate; and (E) consider the eligible partner country’s planned and dedicated resources to the pro- posed project and the eligible entity’s abil- ity to successfully implement the project. (2) Grant criteria Foundation grants— (A) shall fund eligible projects that en- hance the management of well-defined pri- marily protected or conserved areas and the systems of such conservation areas in eligi- ble countries; (B) should support adequate baseline fund- ing for eligible projects in eligible countries to be sustained for not less than 10 years; (C) should, during the grant period, dem- onstrate progress in achieving clearly de- fined key performance indicators (as defined in the grant agreement), which may in- clude— (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 related economic growth activities, and sufficient income from conservation ac- tivities being directed to communities in project areas; (iv) improved management of the pri- marily protected or conserved area cov- ered by the project, as documented through the submission of strategic plans or annual reports to the Foundation; and (v) the identification of additional rev- enue sources or sustainable financing mechanisms to meet the recurring costs of management of the primarily protected or conserved areas; and (D) shall be terminated if the Board deter- mines that the project is not— (i) meeting applicable requirements under this chapter; or (ii) making progress in achieving the key performance indicators defined in the grant agreement. (Pub. L. 118–159, div. E, title LI, § 5106, Dec. 23, 2024, 138 Stat. 2417.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(2) and (c)(2)(D)(i), was in the original ‘‘this title’’ and was translated as reading ‘‘this subtitle’’, meaning subtitle A (§§ 5101–5109) of title LI of div. E of Pub. L. 118–159, Dec. 23, 2024, 138 Stat. 2410, known as the United States Foundation for International Conservation Act of 2024, which is classified generally to this chapter. § 10607. Prohibition of support for certain gov- ernments (a) In general The Foundation may not provide support for any government, or any entity owned or con- trolled by a government, if the Secretary has de- termined that such government— (1) has repeatedly provided support for acts of international terrorism, as determined under— (A) section 4813(c)(1)(A)(i) of title 50; (B) section 2371(a) of this title; (C) section 2780(d) of this title; or (D) any other relevant provision of law; (2) has been identified pursuant to section 2151n(a) or 2304(a)(2) of this title or any other relevant provision of law; or (3) has failed the ‘‘control of corruption’’ in- dicator, as determined by the Millennium Challenge Corporation, within any of the pre- ceding 3 years of the intended grant. (b) Prohibition of support for sanctioned persons The Foundation may not engage in any deal- ing prohibited under United States sanctions laws or regulations, including dealings with per- sons 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 author- ized 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 re- ceiving support to certify that such person, and any entity owned or controlled by such person, is in compliance with all United States sanc- tions laws and regulations. (Pub. L. 118–159, div. E, title LI, § 5107, Dec. 23, 2024, 138 Stat. 2421.) § 10608. Annual report Not later than 360 days after December 23, 2024, and annually thereafter while the Founda- tion continues to operate, the Executive Direc- tor 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 de- termine the programs and activities supported by the Foundation, including baselines, tar- gets, desired outcomes, measurable goals, and extent to which those goals are being achieved for each project. (Pub. L. 118–159, div. E, title LI, § 5108, Dec. 23, 2024, 138 Stat. 2421.) § 10609. Authorization of appropriations (a) Authorization In addition to amounts authorized to be appro- priated to carry out international conservation Page 2353 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10609 and biodiversity programs under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.[; 22 U.S.C. 2346 et seq.]), and subject to the limitations set forth in subsections (b) and (c), there is authorized to be appropriated to the Foundation to carry out the purposes of this chapter— (1) $1,000,000 for fiscal year 2025; and (2) not more than $100,000,000 for each of the fiscal years 2026 through 2034. (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 se- cure 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 10606 of this title. (c) Administrative costs The administrative costs of the Foundation shall come from sources other than the United States Government. (d) Prohibition on use of grant amounts for lob- bying expenses Amounts provided as a grant by the Founda- tion pursuant to section 10606 of this title may not be used for any activity intended to influ- ence legislation pending before the Congress of the United States. (Pub. L. 118–159, div. E, title LI, § 5109, Dec. 23, 2024, 138 Stat. 2421.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. Chapter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (a), was in the original ‘‘this title’’ and was translated as reading ‘‘this subtitle’’, meaning subtitle A (§§ 5101–5109) of title LI of div. E of Pub. L. 118–159, Dec. 23, 2024, 138 Stat. 2410, known as the United States Foundation for Inter- national Conservation Act of 2024, which is classified generally to this chapter.