§2431g — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State can make a Conservation Agreement with an eligible country to set up and use a Fund there. The Agreement must follow the same content rules used for the Americas Framework Agreement. Each country’s Fund money is run by an organization set up under that country’s laws. That organization must include at least one U.S. appointee, at least one appointee from the country’s government, and representatives from local groups (environmental NGOs, community development NGOs, and scientific or forestry organizations). Most members must be those local representatives. The organization must carry out the same responsibilities required by the law. Fund grants can only be used to conserve, protect, restore, or sustainably use tropical forests and coral reefs, including parks and reserves, resource management systems, training, species protection and use, medicinal plant research, and support for local livelihoods. Grants should go to local environmental, forestry, conservation, or indigenous groups, or other local entities, and only in limited cases to the national government to improve governance and not replace the country’s own funding. Priority goes to NGO or private projects that involve local communities. Any grant over $250,000 needs approval by both the U.S. and the beneficiary country. If the President finds a country no longer meets eligibility rules, grants there may only go to NGOs until the country is restored as eligible.

Title 22, §2431g

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Conservation Agreement with any eligible country concerning the operation and use of the Fund for that country.

(b)The requirements contained in section 2430g(b) of this title (relating to contents of an agreement) shall apply to an Agreement in the same manner as such requirements apply to an Americas Framework Agreement.

(c)(1)Amounts disbursed from the Fund in each beneficiary country shall be administered by a body constituted under the laws of that country.

(2)(A)The administering body shall consist of—

(i)one or more individuals appointed by the United States Government to serve in an official capacity;

(ii)one or more individuals appointed by the government of the beneficiary country; and

(iii)individuals who represent a broad range of—

(I)environmental nongovernmental organizations of, or active in, the beneficiary country;

(II)local community development nongovernmental organizations of the beneficiary country; and

(III)scientific, academic, or forestry organizations of the beneficiary country.

(B)A majority of the members of the administering body shall be individuals described in subparagraph (A)(iii).

(3)The requirements contained in section 2430g(c)(3) of this title (relating to responsibilities 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)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 scientifically sound systems of natural resource management, including land and ecosystem management practices.

(3)Training programs to increase the scientific, 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, illnesses, and health related concerns.

(6)Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.

(e)(1)Grants made from a Fund shall be made to—

(A)nongovernmental environmental, forestry, conservation, and indigenous peoples organizations of, or active in, the beneficiary country;

(B)other appropriate local or regional entities of, or active in, the beneficiary country; or

(C)in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, 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)In providing grants under paragraph (1), priority shall be given to projects that are run by nongovernmental organizations and other private entities and that involve local communities in their planning and execution.

(f)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 beneficiary country.

(g)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 President 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 requirements set forth in section 2431c(a) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Pub. L. 115–440, § 8(a)(1), substituted “Conservation 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 “Conservation Agreement” for “Tropical Forest Agreement”, 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 “tropical 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 conserving 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 beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, 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)” 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.”

§2431g Conservation Agreement

Summary

Title 22, §2431g

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata