22 U.S.C. § 10606 — Projects and grants

Page 2350 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10605 carry out the purposes described in section 10602(b) of this title, shall have the usual powers of a corporation headquartered in Washington, DC, including the authority— (1) to accept, receive, solicit, hold, admin- ister, and use any gift, devise, or bequest, ei- ther absolutely or in trust, or real or personal property or any income derived from such gift or property, or other interest in such gift or property located in the United States; (2) to acquire by donation, gift, devise, pur- chase, or exchange any real or personal prop- erty or interest in such property located in the United States; (3) unless otherwise required by the instru- ment of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income derived from such property located in the United States; (4) to complain and defend itself in any court of competent jurisdiction (except that the members of the Board shall not be personally liable, except for gross negligence); (5) to enter into contracts or other arrange- ments with public agencies, private organiza- tions, and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements; and (6) to award grants for eligible projects, in accordance with section 10606 of this title. (c) Limitation of public liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foun- dation. The Federal Government shall be held harmless from any damages or awards ordered by a court against the Foundation. (Pub. L. 118–159, div. E, title LI, § 5104, Dec. 23, 2024, 138 Stat. 2416.) § 10605. Safeguards and accountability (a) Safeguards The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with United States law and best practices and standards for envi- ronmental and social safeguards. (b) Independent accountability mechanism (1) In general The Secretary, or the Secretary’s designee, shall establish a transparent and independent accountability mechanism, consistent with best practices, which shall provide— (A) a compliance review function that as- sesses whether Foundation-supported projects adhere to the requirements devel- oped pursuant to subsection (a); (B) a dispute resolution function for re- solving and remedying concerns between complainants and project implementers re- garding the impacts of specific Foundation- supported projects with respect to such standards; and (C) an advisory function that reports to the Board on projects, policies, and prac- tices. (2) Duties The accountability mechanism shall— (A) report annually to the Board and the appropriate congressional committees re- garding the Foundation’s compliance with best practices and standards in accordance with paragraph (1)(A) and the nature and resolution of any complaint; (B)(i) have permanent staff, led by an inde- pendent accountability official, to conduct compliance reviews and dispute resolutions and perform advisory functions; and (ii) maintain a roster of experts to serve such roles, to the extent needed; and (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism. (c) Internal accountability The Foundation shall establish an ombudsman position at a senior level of executive staff as a confidential, neutral source of information and assistance to anyone affected by the activities of the Foundation. (d) Annual review The Secretary shall, periodically, but not less frequent than annually, review assistance pro- vided by the Foundation for the purpose of im- plementing section 10602(b) of this title to en- sure consistency with the provisions under sec- tion 2378d of this title. (Pub. L. 118–159, div. E, title LI, § 5105, Dec. 23, 2024, 138 Stat. 2417.) § 10606. Projects and grants (a) Project funding requirements (1) In general The Foundation shall— (A) provide grants to support eligible projects described in paragraph (3) that ad- vance its mission to enable effective man- agement of primarily protected and con- served areas and their contiguous buffer zones in eligible countries; (B) advance effective landscape or seascape approaches to conservation that include buffer zones, wildlife dispersal and corridor areas, and other effective area-based con- servation measures; and (C) not purchase, own, or lease land, in- cluding conservation easements, in eligible countries. (2) Eligible entities Eligible entities shall include— (A) not-for-profit organizations with dem- onstrated expertise in protected and con- served area management and economic de- velopment; (B) governments of eligible partner coun- tries, as determined by subsection (b), with the exception of governments and govern- ment entities that are prohibited from re- ceiving grants from the Foundation pursu- ant to section 10607 of this title; and (C) Indigenous and local communities in such eligible countries. (3) Eligible projects Eligible projects shall include projects that— (A) focus on supporting— Page 2351 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10606 (i) transparent and effective long-term management of primarily protected or conserved areas and their contiguous buff- er zones in countries described in sub- section (b), including terrestrial, coastal, and marine protected or conserved areas, parks, community conservancies, Indige- nous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conserva- tion measures; (B) are cost-matched at a ratio of not less than $2 from sources other than the United States for every $1 made available under this chapter; (C) are subject to long-term binding memoranda of understanding with the gov- ernments of eligible countries and local communities— (i) to ensure that local populations have access, resource management responsibil- ities, and the ability to pursue permis- sible, sustainable economic activity on af- fected lands; and (ii) that may be signed by governments in such eligible countries to ensure free, prior, and informed consent of affected communities; (D) incorporate a set of key performance and impact indicators; (E) demonstrate robust local community engagement, with the completion of appro- priate environmental and social due dili- gence, including— (i) free, prior, and informed consent of Indigenous Peoples and relevant local communities; (ii) inclusive governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, including through— (i) equity and profit-sharing; (ii) cooperative management of natural resources; (iii) employment activities; and (iv) other related economic growth ac- tivities; (G) leverage stable baseline funding for the effective management of the primarily pro- tected or conserved area project; and (H) to the extent possible— (i) are viable and prepared for implemen- tation; and (ii) demonstrate a plan to strengthen the capacity of, and transfer skills to, local in- stitutions to manage the primarily pro- tected or conserved area before or after grant funding is exhausted. (b) Eligible countries (1) In general Pursuant to the Plan of Action required under section 10602(c) of this title, and before awarding any grants or entering into any project agreements for any fiscal year, the Board shall conduct a review to identify eligi- ble countries in which the Foundation may fund projects. Such review shall consider countries that— (A) are low-income, lower middle-income, or upper-middle-income economies (as de- fined by the International Bank for Recon- struction and Development and the Inter- national Development Association); (B) have— (i) a high degree of threatened or at-risk biological diversity; or (ii) species or ecosystems of significant importance, including threatened or en- dangered species or ecosystems at risk of degradation or destruction; (C) have demonstrated a commitment to conservation through verifiable actions, such as protecting lands and waters through the gazettement of national parks, commu- nity conservancies, marine reserves and pro- tected areas, forest reserves, or other legally recognized forms of place-based conserva- tion; and (D) are not ineligible to receive United States foreign assistance pursuant to any other provision of law, including laws identi- fied in section 10607 of this title. (2) Identification of eligible countries Not later than 5 days after the date on which the Board determines which countries are eli- gible to receive assistance under this chapter for a fiscal year, the Executive Director shall— (A) submit a report to the appropriate con- gressional committees that includes— (i) a list of all such eligible countries, as determined through the review process de- scribed in paragraph (1); and (ii) a detailed justification for each such eligibility determination, including— (I) an analysis of why the eligible country would be suitable for partner- ship; (II) an evaluation of the eligible part- ner country’s interest in and ability to participate meaningfully in proposed Foundation activities, including an eval- uation of such eligible country’s pros- pects to substantially benefit from Foundation assistance; (III) an estimation of each such eligi- ble partner country’s commitment to conservation; and (IV) an assessment of the capacity and willingness of the eligible country to enact or implement reforms that might be necessary to maximize the impact and effectiveness of Foundation support; and (B) publish the information contained in the report described in subparagraph (A) in the Federal Register. (c) Grantmaking (1) In general In order to maximize program effectiveness, the Foundation shall— (A) coordinate with other international public and private donors to the greatest ex- tent practicable and appropriate; (B) seek additional financial and non- financial contributions and commitments for its projects from governments in eligible countries; 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