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S 345 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 345CommentsClose CommentsPermalink

To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2012, to rename the Tropical Forest Conservation Act of 1998 as the ‘Tropical Forest and Coral Conservation Act of 2009’, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 29, 2009CommentsClose CommentsPermalink

Mr. LUGAR (for himself, Mr. KERRY, Mr. BROWNBACK, Mr. LEAHY, and Mr. KAUFMAN, Mr. LIEBERMAN, Mr. NELSON of Florida, Mrs. MURRAY, Mrs. SHAHEEN, Mr. WHITEHOUSE, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2012, to rename the Tropical Forest Conservation Act of 1998 as the ‘Tropical Forest and Coral Conservation Act of 2009’, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Tropical Forest and Coral Conservation Reauthorization Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE.

(a) In General- Section 801 of the Tropical Forest Conservation Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by striking ‘Tropical Forest Conservation Act of 1998’ and inserting ‘Tropical Forest and Coral Conservation Act of 2009’.CommentsClose CommentsPermalink





(b) References- Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ‘Tropical Forest Conservation Act of 1998’ shall be deemed to be a reference to the ‘Tropical Forest and Coral Conservation Act of 2009’.CommentsClose CommentsPermalink

SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS.

(a) In General- Section 802 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3), and (b)(4), by striking ‘tropical forests’ each place it appears and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems’;CommentsClose CommentsPermalink





(2) in subsection (a)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops’ and inserting ‘resources’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘far-flung’; andCommentsClose CommentsPermalink





(3) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) by striking ‘tropical forests’ the first place it appears and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems’;CommentsClose CommentsPermalink





(B) by striking ‘tropical forests’ the second place it appears and inserting ‘areas’;CommentsClose CommentsPermalink





(C) by striking ‘tropical forests’ the third place it appears and inserting ‘tropical forests and coral reefs and their associated coastal marine ecosystems’; andCommentsClose CommentsPermalink





(D) by striking ‘that have led to deforestation’ and inserting ‘on such countries’.CommentsClose CommentsPermalink





(b) Amendments Related to Definitions- Section 803 of such Act (22 U.S.C. 2431a) is amended--CommentsClose CommentsPermalink





(1) in paragraph (5)--CommentsClose CommentsPermalink





(A) in the heading, by striking ‘TROPICAL FOREST’ and inserting ‘TROPICAL FOREST OR CORAL REEF’;CommentsClose CommentsPermalink





(B) in the matter preceding subparagraph (A), by striking ‘tropical forest’ and inserting ‘tropical forest or coral reef’; andCommentsClose CommentsPermalink





(C) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking ‘tropical forest’ and inserting ‘tropical forest or coral reef’; andCommentsClose CommentsPermalink





(ii) by striking ‘tropical forests’ and inserting ‘tropical forests or coral reefs’CommentsClose CommentsPermalink





(2) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(10) CORAL- The term ‘coral’ means species of the phylum Cnidaria, including--CommentsClose CommentsPermalink





‘(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; andCommentsClose CommentsPermalink





‘(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.CommentsClose CommentsPermalink





‘(11) CORAL REEF- The term ‘coral reef’ means any reef or shoal composed primarily of coral.CommentsClose CommentsPermalink





‘(12) ASSOCIATED COASTAL MARINE ECOSYSTEM- The term ‘associated coastal marine ecosystem’ means any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.’.CommentsClose CommentsPermalink

SEC. 4. CHANGE TO NAME OF FACILITY.

(a) In General- Section 804 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431b), as renamed by section 2(a), is amended by striking ‘Tropical Forest Facility’ and inserting ‘Conservation Facility’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Definitions- Section 803(8) of such Act (22 U.S.C. 2431a(8)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking ‘TROPICAL FOREST FACILITY’ and inserting ‘CONSERVATION FACILITY’; andCommentsClose CommentsPermalink





(2) by striking ‘Tropical Forest Facility’ both places it appears and inserting ‘Conservation Facility’.CommentsClose CommentsPermalink





(c) References- Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ‘Tropical Forest Facility’ shall be deemed to be a reference to the ‘Conservation Facility’.CommentsClose CommentsPermalink

SEC. 5. ELIGIBILITY FOR BENEFITS.

Section 805(a) of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by striking ‘tropical forest’ and inserting ‘tropical forest or coral reef’.CommentsClose CommentsPermalink

SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.

Section 808(a)(5) of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) UNITED STATES GOVERNMENT REPRESENTATION ON THE ADMINISTERING BODY- One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.’.CommentsClose CommentsPermalink

SEC. 7. CONSERVATION AGREEMENTS.

(a) Renaming of Agreements- Section 809 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431g), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘tropical forest agreement’ and inserting ‘conservation agreement’; andCommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘AUTHORITY’ and all that follows through ‘(1) IN GENERAL- The Secretary’ and inserting ‘AUTHORITY- The Secretary’; andCommentsClose CommentsPermalink





(B) by striking ‘Tropical Forest Agreement’ and inserting ‘Conservation Agreement’.CommentsClose CommentsPermalink





(b) Elimination of Requirement To Consult With the Enterprise for the Americas Board- Such subsection is further amended by striking paragraph (2).CommentsClose CommentsPermalink





(c) Role of Beneficiary Countries- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (e)(1)(C), by striking ‘in exceptional circumstances, the government of the beneficiary country’ and inserting ‘in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine 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)’; andCommentsClose CommentsPermalink





(2) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(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 beneficiary country.’.CommentsClose CommentsPermalink





(d) Technical and Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink





(1) in subsection (c)(2)(A)(i), by inserting ‘to serve in an official capacity’ after ‘Government’;CommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘tropical forests’ and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems related to such coral reefs’;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking ‘tropical forest’; andCommentsClose CommentsPermalink





(C) in paragraph (6), by striking ‘living in or near a tropical forest in a manner consistent with protecting such tropical forest’ and inserting ‘dependent on a tropical forest or coral reef or an associated coastal marine ecosystem related to such coral reef and related resources in a manner consistent with conserving such resources’.CommentsClose CommentsPermalink





(e) Conforming Amendments to Definitions- Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking ‘TROPICAL FOREST AGREEMENT’ and inserting ‘CONSERVATION AGREEMENT’; andCommentsClose CommentsPermalink





(2) by striking ‘Tropical Forest Agreement’ both places it appears and inserting ‘Conservation Agreement’.CommentsClose CommentsPermalink

SEC. 8. CONSERVATION FUND.

(a) In General- Section 810 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431h), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘tropical forest fund’ and inserting ‘conservation fund’; andCommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘Tropical Forest Agreement’ and inserting ‘Conservation Agreement’; andCommentsClose CommentsPermalink





(B) by striking ‘Tropical Forest Fund’ and inserting ‘Conservation Fund’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Definitions- Such Act is further amended--CommentsClose CommentsPermalink





(1) in section 803(9) (22 U.S.C. 2431a(9))--CommentsClose CommentsPermalink





(A) in the heading, by striking ‘TROPICAL FOREST FUND’ and inserting ‘CONSERVATION FUND’; andCommentsClose CommentsPermalink





(B) by striking ‘Tropical Forest Fund’ both places it appears and inserting ‘Conservation Fund’;CommentsClose CommentsPermalink





(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking ‘Tropical Forest Fund’ and inserting ‘Conservation Fund’; andCommentsClose CommentsPermalink





(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking ‘Tropical Forest Fund’ and inserting ‘Conservation Fund’.CommentsClose CommentsPermalink

SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST AND CORAL CONSERVATION ACT OF 2009.

(a) In General- Section 811 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431i), as renamed by section 2(a), is repealed.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 803 of such Act (22 U.S.C. 2431a), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (4); andCommentsClose CommentsPermalink





(2) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively.CommentsClose CommentsPermalink

SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.

Section 813 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431k), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘(a) In General- Not later than December 31’ and inserting ‘Not later than April 15’;CommentsClose CommentsPermalink





(B) by striking ‘Facility’ both places it appears and inserting ‘Conservation Facility’; andCommentsClose CommentsPermalink





(C) by striking ‘fiscal year’ both places it appears and inserting ‘calendar year’; andCommentsClose CommentsPermalink





(2) by striking subsection (b).CommentsClose CommentsPermalink

SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY ELIGIBILITY.

Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or, as appropriate in exceptional circumstances,’ and inserting ‘or’;CommentsClose CommentsPermalink





(2) in subparagraph (A)--CommentsClose CommentsPermalink





(A) by striking ‘or in exceptional circumstances, a Fund monitored program or its equivalent,’ and inserting ‘or a Fund monitored program, or is implementing sound macroeconomic policies,’; andCommentsClose CommentsPermalink





(B) by striking ‘(after consultation with the Enterprise for the Americas Board)’; andCommentsClose CommentsPermalink





(3) in subparagraph (B), by striking ‘(after consultation with the Enterprise for Americas Board)’.CommentsClose CommentsPermalink

SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND ADMINISTRATION EXPENSES.

Section 806 of the Tropical Forest and Coral Conservation Act of 2009 (22 U.S.C. 2431d), as renamed by section 2(a), is amended--CommentsClose CommentsPermalink





(1) in subsection (d), by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(7) $25,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





‘(8) $30,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





‘(9) $30,000,000 for fiscal year 2011.CommentsClose CommentsPermalink





‘(10) $30,000,000 for fiscal year 2012.’; andCommentsClose CommentsPermalink





(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink





‘(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration- Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.’.CommentsClose CommentsPermalink