7 U.S.C. § 1738k — Eligible activities and grantees

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. Page 1030 TITLE 7—AGRICULTURE § 1738l 1 So in original. Probably should be ‘‘Environmental’’. (b) Regulation All activities of the type referred to in sub- section (a) shall, where appropriate, include ini- tiatives that link conservation of natural re- sources with local community development. (c) Setting of priorities Appropriate activities and priorities relating to the use of an Environmental Fund shall be set by local nongovernmental organizations within the appropriate eligible country. (d) Grants Grants may be made by the body referred to in section 1738f(c) of this title from the Environ- mental Fund for environmental purposes to— (1) host country nongovernmental environ- mental, conservation, development, edu- cational, and indigenous peoples organiza- tions; (2) other appropriate local or regional enti- ties; or (3) in exceptional circumstances, the govern- ment of the eligible country. (e) Priority In providing assistance from an Environ- mental Fund, the body established under section 1738f(c) of this title within the eligible country shall give priority to projects that are run by nongovernmental organizations and other pri- vate entities, and that involve local commu- nities in their planning and execution. (July 10, 1954, ch. 469, title VI, § 612, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3661; amended Pub. L. 102–237, title III, § 306, Dec. 13, 1991, 105 Stat. 1856.) Editorial Notes REFERENCES IN TEXT The Global Environmental Protection Assistance Act of 1989, referred to in subsec. (a)(1), is title VII of Pub. L. 101–240, Dec. 19, 1989, 103 Stat. 2521, which is classi- fied generally to part VII (§ 2281 et seq.) of subchapter I of chapter 32 and chapter 86 (§ 7901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete clas- sification of this Act to the Code, see Short Title of 1989 Amendments note set out under section 2151 of Title 22 and Tables. AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–237 substituted ‘‘2281 et seq.);’’ for ‘‘462), and—’’. § 1738l. Encouraging multilateral debt donations (a) Encouraging donations from official creditors The President should actively encourage other official creditors of an eligible country to pro- vide debt reduction to such eligible country. (b) Encouraging donations from other sources The President shall make every effort to in- sure that programs established through Envi- ronmental Funds are able to receive donations from private and public entities, and private creditors of the eligible country. (July 10, 1954, ch. 469, title VI, § 613, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3662.) § 1738m. Annual report to Congress (a) In general Not later than December 31 of each fiscal year, the President shall prepare and submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate an annual report concerning the operation of the Facility for the prior fiscal year. This report shall in- clude— (1) a description of the activities undertaken by the Facility during the previous fiscal year; (2) a description of any Enviromental 1 Framework Agreement entered into under this subchapter; (3) a report on what Environmental Funds have been established under this subchapter and on the operations of such Funds; and (4) a description of any grants that have been extended by administering bodies pursu- ant to an Enviromental 1 Framework Agree- ment under this subchapter. (b) Supplemental views in annual report No later than December 15 of each fiscal year, each member of the Board shall be entitled to receive a copy of the report required under sub- section (a). Each member of the Board may pre- pare and submit supplemental views to the President on the implementation of this sub- chapter by December 31 for inclusion in the an- nual report when it is transmitted to Congress pursuant to this section. (July 10, 1954, ch. 469, title VI, § 614, as added Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3662; as amended Pub. L. 102–237, title III, § 330, Dec. 13, 1991, 105 Stat. 1858; Pub. L. 102–532, § 3, Oct. 27, 1992, 106 Stat. 3512.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–532 inserted at end ‘‘This report shall include—’’ and pars. (1) to (4). 1991—Pub. L. 102–237 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under this section are listed on page 20), see section 3003 of Pub. L. 104–66, as amended, and sec- tion 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Fi- nance. 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, 69 F.R. 41901, set out as a note under section 1738 of this title. § 1738n. Consultations with Congress The President shall consult with the appro- priate congressional committees on a periodic