22 U.S.C. § 2431h — Conservation Fund

Page 957 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2431h (II) local community development non- governmental organizations of the bene- ficiary country; and (III) scientific, academic, or forestry organizations of the beneficiary country. (B) Additional requirement A majority of the members of the admin- istering body shall be individuals described in subparagraph (A)(iii). (3) Responsibilities The requirements contained in section 2430g(c)(3) of this title (relating to responsibil- ities of the administering body) shall apply to an administering body described in paragraph (1) in the same manner as such requirements apply to an administering body described in section 2430g(c)(1) of this title. (d) Eligible activities Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests and coral reef ecosystems in the beneficiary country, through one or more of the following activities: (1) Establishment, restoration, protection, and maintenance of parks, protected areas, and reserves. (2) Development and implementation of sci- entifically sound systems of natural resource management, including land and ecosystem management practices. (3) Training programs to increase the sci- entific, technical, and managerial capacities of individuals and organizations involved in conservation efforts. (4) Restoration, protection, or sustainable use of diverse animal and plant species. (5) Research and identification of medicinal uses of plant life to treat human diseases, ill- nesses, and health related concerns. (6) Development and support of the liveli- hoods of individuals dependent on a tropical forest or coral reef ecosystem and related re- sources in a manner consistent with con- serving such resources. (e) Grant recipients (1) In general Grants made from a Fund shall be made to— (A) nongovernmental environmental, for- estry, conservation, and indigenous peoples organizations of, or active in, the bene- ficiary country; (B) other appropriate local or regional en- tities of, or active in, the beneficiary coun- try; or (C) in limited circumstances, the govern- ment of the beneficiary country when need- ed to improve governance and enhance man- agement of tropical forests or coral reef eco- systems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B). (2) Priority In providing grants under paragraph (1), pri- ority shall be given to projects that are run by nongovernmental organizations and other pri- vate entities and that involve local commu- nities in their planning and execution. (f) Review of larger grants Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the bene- ficiary country. (g) Eligibility criteria In the event that a country ceases to meet the eligibility requirements set forth in section 2431c(a) of this title, as determined by the Presi- dent pursuant to section 2431c(b) of this title, then grants from the Fund for that country may only be made to nongovernmental organizations until such time as the President determines that such country meets the eligibility require- ments set forth in section 2431c(a) of this title. (Pub. L. 87–195, pt. V, § 809, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 890; amended Pub. L. 115–440, § 8(a)–(d), Jan. 14, 2019, 132 Stat. 5583.) Editorial Notes AMENDMENTS 2019—Pub. L. 115–440, § 8(a)(1), substituted ‘‘Conserva- tion Agreement’’ for ‘‘Tropical Forest Agreement’’ in section catchline. Subsec. (a). Pub. L. 115–440, § 8(a)(2), (b), struck out par. (1) designation and heading, substituted ‘‘Con- servation Agreement’’ for ‘‘Tropical Forest Agree- ment’’, and struck out par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘In the negotiation of such an Agreement, the Secretary shall consult with the Board in accordance with section 2431i of this title.’’ Subsec. (c)(2)(A)(i). Pub. L. 115–440, § 8(d)(1), inserted ‘‘to serve in an official capacity’’ after ‘‘Government’’. Subsec. (d). Pub. L. 115–440, § 8(d)(2)(A), substituted ‘‘tropical forests and coral reef ecosystems’’ for ‘‘trop- ical forests’’ in introductory provisions. Subsec. (d)(5). Pub. L. 115–440, § 8(d)(2)(B), struck out ‘‘tropical forest’’ before ‘‘plant’’. Subsec. (d)(6). Pub. L. 115–440, § 8(d)(2)(C), substituted ‘‘dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with con- serving such resources’’ for ‘‘living in or near a tropical forest in a manner consistent with protecting such tropical forest’’. Subsec. (e)(1)(C). Pub. L. 115–440, § 8(c)(1), substituted ‘‘in limited circumstances, the government of the bene- ficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of fi- nancial efforts by the government of the beneficiary country and with priority given to projects that com- plement grants made under subparagraphs (A) and (B)’’ for ‘‘in exceptional circumstances, the government of the beneficiary country’’. Subsec. (f). Pub. L. 115–440, § 8(c)(2), amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Any grant of more than $100,000 from a Fund shall be subject to veto by the Government of the United States or the government of the beneficiary country.’’ § 2431h. Conservation Fund (a) Establishment Each beneficiary country that enters into a Conservation Agreement under section 2431g of this title shall be required to establish a Con- servation Fund to receive payments of interest and principal on new obligations undertaken by the beneficiary country under this subchapter. Page 958 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2431i 1 So in original. Probably should be ‘‘and’’. (b) Requirements relating to operation of Fund The following terms and conditions shall apply to the Fund in the same manner as such terms as 1 conditions apply to an Enterprise for the Americas Fund under section 2430f of this title: (1) The provision relating to deposits under subsection (b) of such section. (2) The provision relating to investments under subsection (c) of such section. (3) The provision relating to disbursements under subsection (d) of such section. (Pub. L. 87–195, pt. V, § 810, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 892; amended Pub. L. 108–323, § 3(c), Oct. 6, 2004, 118 Stat. 1219; Pub. L. 115–440, § 9(a), Jan. 14, 2019, 132 Stat. 5584.) Editorial Notes AMENDMENTS 2019—Pub. L. 115–440, § 9(a)(1), substituted ‘‘Conserva- tion Fund’’ for ‘‘Tropical Forest Fund’’ in section catchline. Subsec. (a). Pub. L. 115–440, § 9(a)(2), substituted ‘‘Conservation Agreement’’ for ‘‘Tropical Forest Agree- ment’’ and ‘‘Conservation Fund’’ for ‘‘Tropical Forest Fund’’. 2004—Subsec. (a). Pub. L. 108–323 inserted ‘‘and prin- cipal’’ after ‘‘interest’’. § 2431i. Board (a) Enterprise for the Americas Board The Enterprise for the Americas Board estab- lished under section 1738i(a) of title 7 shall, in addition to carrying out the responsibilities of the Board under section 1738i(c) of title 7, carry out the duties described in subsection (c) of this section for the purposes of this subchapter. (b) Additional membership (1) In general The Enterprise for the Americas Board shall be composed of an additional four members ap- pointed by the President as follows: (A) Two representatives from the United States Government, including a representa- tive of the International Forestry Division of the United States Forest Service. (B) Two representatives from private non- governmental environmental, scientific, for- estry, or academic organizations with expe- rience and expertise in preservation, mainte- nance, sustainable uses, and restoration of tropical forests. (2) Chairperson Notwithstanding section 1738i(b)(2) of title 7, the Enterprise for the Americas Board shall be headed by a chairperson who shall be ap- pointed by the President and shall be the rep- resentative from the Department of State ap- pointed under section 1738i(b)(1)(A) of title 7. (c) Duties The duties described in this subsection are as follows: (1) Advise the Secretary of State on the ne- gotiations of Tropical Forest Agreements. (2) Ensure, in consultation with— (A) the government of the beneficiary country; (B) nongovernmental organizations of the beneficiary country; (C) nongovernmental organizations of the region (if appropriate); (D) environmental, scientific, forestry, and academic leaders of the beneficiary country; and (E) environmental, scientific, forestry, and academic leaders of the region (as appro- priate), that a suitable administering body is identi- fied for each Fund. (3) Review the programs, operations, and fis- cal audits of each administering body. (Pub. L. 87–195, pt. V, § 811, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 892; amended Pub. L. 107–26, § 3, Aug. 17, 2001, 115 Stat. 206; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.) Editorial Notes AMENDMENTS 2008—Subsecs. (a), (b)(2). Pub. L. 110–246 made tech- nical amendments to references in original act which appear in text as references to section 1738i(a) of title 7 in subsec. (a) and section 1781i(b)(2) of title 7 in sub- sec. (b)(2). 2001—Subsec. (b)(2). Pub. L. 107–26 substituted ‘‘and shall be the representative from the Department of State appointed under section 1738i(b)(1)(A) of title 7’’ for ‘‘from among the representatives appointed under section 1738i(b)(1)(A) of title 7 or paragraph (1)(A) of this subsection’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2431j. Consultations with Congress The President shall consult with the appro- priate congressional committees on a periodic basis to review the operation of the Facility under this subchapter and the eligibility of countries for benefits from the Facility under this subchapter. (Pub. L. 87–195, pt. V, § 812, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 893.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004,