,,ii #aahth ,,congress #ast ,session ,s4 #fah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjbc ,mr4 ,coons 7for himself1 ,mr4 ,graham1 ,mr4 ,whitehouse1 ,mr4 ,tillis1 ,mr4 ,heinrich1 and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to establish the ,united ,states ,foundation for ,international ,conservation to promote long-term management of protected and conserved areas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,foundation for ,international ,conservation ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,board ,the term ,board means the ,board of ,directors established pursuant to section #d7;a74 7#c7 ,director ,the term ,director means-- 7,a7 an initial member of the ,board appointed pursuant to section #d7;a77#b77;,c72 or 7,b7 a member of the ,board selected to fill a vacancy pursuant to section #d7;a77#c77;,b74 7#d7 ,eligible country ,the term eligible country means any of the countries described in section #g7;b74 7#e7 ,eligible project ,the term eligible project means any of the projects described in section #g7;a77#b74 7#f7 ,executive director ,the term ,executive ,director means the ,executive ,director of the ,foundation hired pursuant to section #d7;b74 7#g7 ,foundation ,the term ,foundation means the ,united ,states ,foundation for ,international ,conservation established pursuant to section #c7;a74 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,state4 #c4 ,united ,states ,foundation for ,international ,conservation 7a7 ,establishment 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish the ,united ,states ,foundation for ,international ,conservation4 7#b7 ,independence ,the ,foundation is not an agency or instrumentality of the ,united ,states ,government4 7#c7 ,tax-exempt status ,the ,board shall take all necessary and appropriate steps to ensure that the ,foundation is an organization described in subsection 7c7 of section #eja of the ,internal ,revenue ,code of #aihf1 which exempts the organization from taxation under subsection 7a7 of such section4 7#d7 ,termination of operations ,the ,foundation shall terminate operations on the date that is #aj years after the date on which it is established pursuant to paragraph 7#a74 7b7 ,purposes ,the purposes of the ,foundation are-- 7#a7 to promote effective1 long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries2 7#b7 to advocate for1 incentivize1 accept1 and administer governmental and nongovernmental funds1 including donations from the private sector1 to increase the availability and predictability of financing for long-term management of protected and conserved areas2 7#c7 to close critical gaps in public international conservation efforts by-- 7,a7 increasing private sector investment1 including investments from philanthropic entities2 and 7,b7 collaborating with partners providing bilateral and multilateral financing to support enhanced coordination2 7#d7 to identify and financially support implementation-ready projects-- 7,a7 that promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries1 including supporting the management of terrestrial1 coastal1 freshwater1 and marine protected areas1 parks1 community conservancies1 indigenous reserves1 conservation easements1 and biological reserves2 and 7,b7 that provide effective area-based conservation measures1 consistent with internationally recognized best practices and standards for environmental and social safeguards2 and 7#e7 to coordinate with1 and otherwise support and assist1 foreign governments1 private sector entities1 local communities1 ,indigenous ,peoples1 and other stakeholders in undertaking biodiversity conservation activities-- 7,a7 to achieve sustainable biodiversity conservation outcomes2 and 7,b7 to improve local security1 governance1 food security1 and economic opportunities4 #d4 ,governance of the ,foundation 7a7 ,board of ,directors 7#a7 ,governance ,the ,foundation shall be governed by a ,board of ,directors4 7#b7 ,composition 7,a7 ,in general ,the ,board shall be composed of-- 7i7 the ,directors described in subparagraph 7,b72 and 7ii7 ,appointed ,directors described in subparagraph 7,c74 7,b7 ,directors ,the following individuals1 or designees of such individuals1 shall serve as ,directors3 7i7 ,the ,secretary of ,state4 7ii7 ,the ,administrator of the ,united ,states ,agency for ,international ,development4 7iii7 ,the ,secretary of the ,interior4 7iv7 ,the ,chief of the ,united ,states ,forest ,service4 7v7 ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7,c7 ,appointed directors ,the ,secretary1 in consultation with the other ,directors described in subparagraph 7,b71 shall appoint1 as ,directors of the ,board-- 7i7 #d private-sector committed donors2 and 7ii7 #e independent experts who represent diverse points of view1 to the maximum extent practicable4 7,d7 ,qualifications ,each independent expert appointed pursuant to subparagraph 7,c7 shall be knowledgeable and experienced in matters relating to-- 7i7 international development2 7ii7 protected area management and the conservation of global biodiversity1 fish and wildlife1 ecosystem restoration1 adaptation1 and resilience2 and 7iii7 grantmaking in support of international conservation4 7,e7 ,chairperson ,the ,board shall elect1 from among its ,directors1 a ,chairperson1 who shall serve for a #b-year term4 7#c7 ,terms2 vacancies 7,a7 ,terms 7i7 ,in general ,the term of service of each ,director appointed pursuant to paragraph 7#b77;,c7 shall be not more than #e years4 7ii7 ,initial appointed directors ,of the initial ,directors appointed pursuant to paragraph 7#b77;,c7-- 7,i7 #e ,directors1 including at least #b private-sector committed donors1 shall serve for #d years2 and 7,,ii7 #d ,directors shall serve for #e years1 as determined by the ,chairperson of the ,board4 7,b7 ,vacancies ,any vacancy in the membership of the appointed ,directors of the ,board-- 7i7 shall be filled in accordance with the bylaws of the ,foundation by a private-sector committed donor or an independent expert who meets the qualifications under subparagraph 7,c77ii77,a71 as applicable1 as represented by the vacating ,director2 7ii7 shall not affect the power of the remaining appointed ,directors to execute the duties of the ,board2 and 7iii7 shall be filled by an individual selected by the ,board4 7#d7 ,quorum ,a majority of the current membership of the ,board shall constitute a quorum for the transaction of ,foundation business4 7#e7 ,meetings 7,a7 ,in general ,the ,board shall meet at the call of the ,chairperson not less frequently than annually4 7,b7 ,initial meeting ,not later than #fj days after the ,board is established pursuant to section #c7;a71 the ,secretary shall convene a meeting of the ex-officio ,directors and the appointed ,directors of the ,board to incorporate the ,foundation4 7,c7 ,removal ,any ,director who misses #c consecutive regularly scheduled meetings may be removed from the ,board4 7#f7 ,reimbursement of expenses ,directors of the ,board shall serve without pay1 but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the ,foundation4 7#g7 ,not federal employees ,appointment as a ,director of the ,board shall not constitute employment by1 or the holding of an office of1 the ,united ,states for purposes of any ,federal law4 7#h7 ,duties ,the ,board shall-- 7,a7 establish bylaws for the ,foundation in accordance with paragraph 7#i72 7,b7 provide overall direction for the activities of the ,foundation and establish priority activities2 7,c7 carry out any other necessary activities of the ,foundation2 7,d7 evaluate the performance of the ,executive ,director2 and 7,e7 not less frequently than annually1 consult and coordinate with stakeholders qualified to provide advice1 assistance1 and information regarding effective protected and conserved area management4 7#i7 ,bylaws 7,a7 ,in general ,the bylaws established pursuant to paragraph 7#h77;,a7 may include-- 7i7 policies for the selection of ,directors of the ,board and officers1 employees1 agents1 and contractors of the ,foundation2 7ii7 policies1 including ethical standards1 for-- 7,i7 the acceptance1 solicitation1 and disposition of donations and grants to the ,foundation2 and 7,,ii7 the disposition of assets of the ,foundation2 7iii7 policies that subject all employees1 fellows1 trainees1 and other agents of the ,foundation 7including ex-officio ,directors and appointed ,directors of the ,board7 to conflict of interest standards2 and 7iv7 the specific duties of the ,executive ,director4 7,b7 ,requirements ,the ,board shall ensure that the bylaws of the ,foundation and the activities carried out under such bylaws do not-- 7i7 reflect unfavorably on the ability of the ,foundation to carry out activities in a fair and objective manner2 or 7ii7 compromise1 or appear to compromise1 the integrity of any governmental agency or program1 or any officer or employee employed by1 or involved in1 a governmental agency or program4 7b7 ,executive ,director ,the ,board shall hire an ,executive ,director of the ,foundation1 who shall serve1 at the pleasure of the ,board1 as the ,chief ,executive ,officer of the ,foundation4 7c7 ,foundation staff ,officers and employees of the ,foundation-- 7#a7 may not be employees of1 or hold any office in1 the ,united ,states ,government2 and 7#b7 shall be appointed without regard to the provisions of-- 7,a7 title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7,b7 chapter #ea and subchapter ,,iii of chapter #ec of such title1 relating to classification and ,general ,schedule pay rates4 7d7 ,limitation and conflicts of interests 7#a7 ,political participation ,the ,foundation may not participate or intervene in any political campaign on behalf of any candidate for public office in any country4 7#b7 ,financial interests ,any ,director of the ,board or officer or employee of the ,foundation is prohibited from participating1 directly or indirectly1 in the consideration or determination of any question before the ,foundation affecting-- 7,a7 the financial interests of such ,director1 officer1 or employee2 and 7,b7 the interests of any corporation1 partnership1 entity1 or organization in which such ,director1 officer1 or employee has any fiduciary obligation or direct or indirect financial interest4 #e4 ,corporate powers and obligations of the ,foundation 7a7 ,general authority 7#a7 ,in general ,the ,foundation-- 7,a7 shall have perpetual succession unless dissolved by an ,act of ,congress2 7,b7 may conduct business throughout the ,states1 territories1 and possessions of the ,united ,states and in foreign countries2 7,c7 shall have its principal offices in the ,washington1 ,,dc metropolitan area2 and 7,d7 shall continuously maintain a designated agent in ,washington1 ,,dc who is authorized to accept notice or service of process on behalf of the ,foundation4 7#b7 ,notice and service of process ,the serving of notice to1 or service of process upon1 the agent referred to in paragraph 7#a77;,d71 or mailed to the business address of such agent1 shall be deemed as service upon1 or notice to1 the ,foundation4 7#c7 ,seal ,the ,foundation shall have an official seal1 which shall be selected by the ,board and judicially noticed4 7b7 ,authorities ,in addition to powers explicitly authorized under this ,act1 the ,foundation1 in order to carry out the purposes described in section #c7;b71 shall have the usual powers of a corporation headquartered in ,washington1 ,,dc1 including the authority-- 7#a7 to accept1 receive1 solicit1 hold1 administer1 and use any gift1 devise1 or bequest1 either absolutely or in trust1 or real or personal property or any income derived from such gift or property1 or other interest in such gift or property2 7#b7 to acquire by donation1 gift1 devise1 purchase1 or exchange any real or personal property or interest in such property2 7#c7 unless otherwise required by the instrument of transfer1 to sell1 donate1 lease1 invest1 reinvest1 retain1 or otherwise dispose of any property or income derived from such property2 7#d7 to borrow money and issue bonds1 debentures1 or other debt instruments2 7#e7 to complain and defend itself in any court of competent jurisdiction 7except that the ,directors of the ,board shall not be personally liable1 except for gross negligence72 7#f7 to enter into contracts or other arrangements with public agencies1 private organizations1 and persons and to make such payments as may be necessary to carry out the purposes of such contracts or arrangements2 and 7#g7 to award grants for eligible projects1 in accordance with section #g4 7c7 ,property interests 7#a7 ,interest in real property ,in this subsection1 the term interest in real property includes-- 7,a7 mineral and water rights2 7,b7 rights of way2 and 7,c7 easements appurtenant or in gross4 7#b7 ,in general ,the ,foundation may acquire1 hold1 and dispose of lands1 waters1 and other interests in real property by donation1 gift1 devise1 purchase1 or exchange4 7#c7 ,limits to property rights ,a gift1 devise1 or bequest may be accepted by the ,foundation even though it is encumbered1 restricted1 or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the ,foundation4 7d7 ,federal funds 7#a7 ,in general ,the ,foundation may-- 7,a7 hold ,federal funds made available1 but not immediately disbursed2 and 7,b7 use any interest or other investment income earned on such ,federal funds to carry out the purposes of the ,foundation under this ,act4 7#b7 ,limitation ,investments made pursuant to paragraph 7#a77;,b7 may only be made in-- 7,a7 interest-bearing obligations of the ,united ,states2 or 7,b7 obligations guaranteed as to both principal and interest by the ,united ,states4 7e7 ,limitation of public liability ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation4 #f4 ,safeguards and accountability 7a7 ,safeguards ,the ,foundation shall develop1 and incorporate into any agreement for support provided by the ,foundation1 appropriate safeguards1 policies1 and guidelines1 consistent with internationally recognized best practices and standards for environmental and social safeguards4 7b7 ,independent accountability mechanism 7#a7 ,in general ,the ,foundation shall establish a transparent and independent accountability mechanism1 which shall provide-- 7,a7 a compliance review function that assesses whether ,foundation-supported projects adhere to the requirements developed pursuant to subsection 7a72 7,b7 a dispute resolution function for resolving concerns between complainants and project implementers regarding the impacts of specific ,foundation-supported projects with respect to such standards2 and 7,c7 an advisory function that reports to the ,foundation on projects1 policies1 and practices4 7#b7 ,duties ,the accountability mechanism shall-- 7,a7 report annually to the ,board and to the appropriate congressional committees regarding the ,foundation's compliance with internationally recognized best practices and standards in accordance with paragraph 7#a77;,a72 7,b7 7i7 have permanent staff to conduct compliance reviews and dispute resolutions2 or 7ii7 maintain a roster of experts to serve such roles1 to the extent needed2 and 7,c7 hold a public comment period lasting not fewer than #fj days regarding the initial design of the accountability mechanism4 #g4 ,projects and grants 7a7 ,project funding requirements 7#a7 ,in general ,the ,foundation shall-- 7,a7 fund eligible projects that support its mission to provide long-term funding for the effective management of protected and conserved areas and their contiguous buffer zones in eligible countries2 and 7,b7 recognize the importance of a landscape or seascape approach to conservation that includes buffer zones1 wildlife dispersal and corridor areas1 and other effective area-based conservation measures4 7#b7 ,eligible projects ,eligible projects shall include projects that-- 7,a7 focus on supporting-- 7i7 long-term management of protected or conserved areas and their contiguous buffer zones in countries described in subsection 7b71 including terrestrial1 coastal1 and marine-protected or conserved areas1 parks1 community conservancies1 indigenous reserves1 conservation easements1 and biological reserves2 and 7ii7 other effective area-based conservation measures2 7,b7 are cost-matched from sources other than the ,united ,states ,government2 7,c7 have host country and local population support1 as evidenced by a long-term binding memorandum of understanding signed by the host government that respects free1 prior1 and informed consent of affected communities2 7,d7 incorporate a set of key performance indicators2 7,e7 demonstrate robust local community engagement1 with the completion of appropriate environmental and social due diligence1 including-- 7i7 free1 prior1 and informed consent of ,indigenous ,peoples and consultation with relevant local communities2 7ii7 equitable governance structures2 and 7iii7 effective grievance mechanisms2 7,f7 create economic opportunities for local communities1 through activities such as-- 7i7 equity and profit-sharing2 7ii7 employment activities2 and 7iii7 other economic growth activities2 7,g7 provide stable baseline funding for the effective management of the protected or conserved area project2 7,h7 are implementation ready2 and 7,i7 where possible1 demonstrate a plan to strengthen the capacity of1 and transfer skills to1 local institutions to manage the protected or conserved area before or after grant funding is exhausted4 7b7 ,eligible countries 7#a7 ,in general ,before awarding any grants or entering into any project agreements for a given fiscal year1 the ,board shall conduct a review of countries in which the ,foundation shall be eligible to fund projects to determine which countries-- 7,a7 are low-income1 lower-middle-income1 or upper-middle-income economies 7as defined by the ,international ,bank for ,reconstruction and ,development and the ,international ,development ,association2 7,b7 have-- 7i7 a high degree of biological diversity2 or 7ii7 species or ecosystems of significant importance2 and 7,c7 have demonstrated a commitment to conservation through actions1 such as protecting lands and waters through the gazettement of national parks1 community conservancies1 marine reserves and protected areas1 forest reserves1 and other legally recognized forms of place-based conservation4 7#b7 ,identification of eligible countries ,not later than #e days after the date on which the ,board determines which countries are eligible countries for a given fiscal year1 the ,executive ,director shall-- 7,a7 submit a report to the appropriate congressional committees that includes-- 7i7 a list of all such eligible countries2 and 7ii7 a justification for such eligibility determinations2 and 7,b7 publish the information contained in the report described in paragraph 7,a7 in the ,federal ,register4 7c7 ,grantmaking 7#a7 ,in general ,in order to maximize its program effects1 the ,foundation should-- 7,a7 seek to coordinate with other international public and private donors to the extent possible2 7,b7 seek additional financial and nonfinancial contributions and commitments for its projects from host governments2 and 7,c7 strive to generate a partnership mentality among all participants1 including public and private funders1 host governments1 local protected areas authorities1 and private and nongovernmental organization partners4 7#b7 ,grant criteria ,foundation grants-- 7,a7 shall fund the management of well-defined protected or conserved areas and the systems of such conservation areas in eligible countries2 7,b7 should provide adequate baseline funding for at least #aj years1 without replacing or duplicating existing baseline funding1 for each protected and conserved area and the system that supports that area in an amount sufficient to maintain the effective management of the area over the long term2 7,c7 should1 during the grant period1 demonstrate progress in achieving clearly identified key performance indicators 7as defined in the grant agreement71 which may include-- 7i7 the protection of biological diversity2 7ii7 the protection of native flora and habitats1 such as trees1 forests1 grasslands1 mangroves1 coral reefs1 and sea grass2 7iii7 community-based economic growth indicators1 such as improved land tenure1 increases in beneficiaries participating in economic growth activities1 and sufficient income from conservation activities being directed to communities in project areas2 7iv7 improved management of the protected or conserved area covered by the project1 as documented through the submission of strategic plans or annual reports to the ,foundation2 and 7v7 the identification of additional revenue sources or sustainable financing mechanisms to meet the recurring costs of management of the protected or conserved areas2 and 7,d7 may be terminated if the ,board determines that the project is not meeting applicable requirements under this ,act or making progress in achieving the key performance indicators defined in the grant agreement4 #h4 ,prohibition of support in countries that support terrorism or violate human rights and of support for sanctioned persons 7a7 ,in general ,the ,foundation may not provide support for any government1 or any entity owned or controlled by a government1 if the ,secretary has determined that such government-- 7#a7 has repeatedly provided support for acts of international terrorism1 as determined under-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7subtitle ,b of title ,,xvii of ,public ,law #aae-bcb72 7,b7 section #fbj;,a7a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga7;a772 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other relevant provision of law2 or 7#b7 has engaged in a consistent pattern of gross violations of internationally recognized human rights1 as determined under section #aaf7;a7 or #ejb;,b7a77#b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7a7 and #bcjd7;a77#b77 or any other relevant provision of law4 7b7 ,prohibition of support for sanctioned persons ,the ,foundation may not engage in any dealing prohibited under ,united ,states sanctions laws or regulations1 including dealings with persons on the list of specially designated persons and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury1 except to the extent otherwise authorized by the ,secretary or by the ,secretary of the ,treasury4 7c7 ,prohibition of support for activities subject to sanctions ,the ,foundation shall require any person receiving support to certify that such person1 and any entity owned or controlled by such person1 is in compliance with all ,united ,states sanctions laws and regulations4 #i4 ,annual report ,not later than #cfj days after the date of the enactment of this ,act1 and annually thereafter while the ,foundation continues to operate1 the ,executive ,director of the ,foundation shall submit a report to the appropriate congressional committees that describes-- 7#a7 the goals of the ,foundation2 7#b7 the programs1 projects1 and activities supported by the ,foundation2 7#c7 private and governmental contributions to the ,foundation2 and 7#d7 the standardized criteria utilized to determine the programs and activities supported by the ,foundation1 including baselines1 targets1 desired outcomes1 measurable goals1 and extent to which those goals are being achieved for each project4 #aj4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,foundation #ajj1jjj1jjj for each of the fiscal years #bjbd through #bjcc to carry out the purposes of this ,act4 7b7 ,cost matching requirement ,amounts appropriated pursuant to subsection 7a7 may only be made available to grantees to the extent such grantees secure funding for an eligible project from sources other than the ,united ,states ,government in an amount that is not less than the amount received in grants for such project pursuant to section #g4