What This Bill Does
This bill creates a new independent nonprofit organization called the United States Foundation for International Conservation. The Foundation will provide long-term funding to help protect and manage wildlife and natural areas in developing countries around the world.
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Who It Affects
* The Secretary of State and other U.S. government officials who oversee the Foundation
* Private donors and nonprofit organizations that will fund conservation projects
* Foreign governments in developing countries where conservation projects take place
* Local communities and Indigenous peoples in those countries who live in or near protected areas
* Congress, which must receive annual reports about the Foundation's work
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Key Provisions
* The Foundation is established as an independent nonprofit (not a government agency) and must receive tax-exempt status from the IRS (Sec. 3)
* A Board of Directors governs the Foundation, including five government officials and nine appointed private donors and conservation experts (Sec. 4)
* The Foundation will award grants only to projects in low-income and middle-income countries that have demonstrated commitment to conservation and obtained free, prior, and informed consent (a process respecting Indigenous and local community consent) from affected communities (Sec. 7)
* Grants must be matched with funding from sources other than the U.S. government and should provide at least 10 years of stable funding for each protected area (Sec. 7)
* The Foundation cannot support any government or person that the State Department has determined supports terrorism or violates human rights (Sec. 8)
* The Foundation automatically stops operating 10 years after it is established (Sec. 3)
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What Changes
If this bill becomes law, a new independent foundation will be created to provide long-term financial support for protecting forests, wildlife reserves, marine areas, and other natural spaces in developing countries. This shifts conservation funding from temporary government grants to more stable, predictable long-term financing. The Foundation will require that local communities and Indigenous peoples have a say in conservation projects that affect their land and resources.
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Important Definitions
* **Protected and conserved areas**: Land or water set aside specifically to protect wildlife, plants, or ecosystems, including national parks, marine reserves, community conservancies, Indigenous reserves, conservation easements, and biological reserves
* **Eligible countries**: Low-income, lower middle-income, or upper-middle-income countries that have high biodiversity and demonstrated commitment to conservation
* **Eligible projects**: Conservation projects that manage protected areas, include local community involvement, create economic opportunities for local people, and meet environmental and social safeguards
* **Free, prior, and informed consent**: A requirement that Indigenous peoples and local communities are told about and genuinely agree to projects affecting their land before those projects begin
##
Effective Date
The Foundation must be established within 180 days after the bill becomes law (Sec. 3). The Foundation will automatically terminate operations 10 years after it is established (Sec. 3).
I
118TH CONGRESS
1ST SESSION H. R. 1298
To establish the United States Foundation for International Conservation
to promote long-term management of protected and conserved areas,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. JOYCE of Ohio (for himself, Mr. STEWART, Ms. MCCOLLUM, and Mr.
CUELLAR) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs
A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of pro-
tected and conserved areas, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘United States Founda-
4
tion for International Conservation Act of 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
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•HR 1298 IH
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
1
TEES.—The term ‘‘appropriate congressional com-
2
mittees’’ means—
3
(A) the Committee on Appropriations of
4
the Senate;
5
(B) the Committee on Foreign Relations of
6
the Senate;
7
(C) the Committee on Appropriations of
8
the House of Representatives; and
9
(D) the Committee on Foreign Affairs of
10
the House of Representatives.
11
(2) BOARD.—The term ‘‘Board’’ means the
12
Board of Directors established pursuant to section
13
4(a).
14
(3) DIRECTOR.—The term ‘‘Director’’ means—
15
(A) an initial member of the Board ap-
16
pointed pursuant to section 4(a)(2)(C); or
17
(B) a member of the Board selected to fill
18
a vacancy pursuant to section 4(a)(3)(B).
19
(4) ELIGIBLE
COUNTRY.—The term ‘‘eligible
20
country’’ means any of the countries described in
21
section 7(b).
22
(5) ELIGIBLE
PROJECT.—The term ‘‘eligible
23
project’’ means any of the projects described in sec-
24
tion 7(a)(2).
25
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•HR 1298 IH
(6) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
1
tive Director’’ means the Executive Director of the
2
Foundation hired pursuant to section 4(b).
3
(7) FOUNDATION.—The term ‘‘Foundation’’
4
means the United States Foundation for Inter-
5
national Conservation established pursuant to sec-
6
tion 3(a).
7
(8) SECRETARY.—The term ‘‘Secretary’’ means
8
the Secretary of State.
9
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL
10
CONSERVATION.
11
(a) ESTABLISHMENT.—
12
(1) IN
GENERAL.—Not later than 180 days
13
after the date of the enactment of this Act, the Sec-
14
retary shall establish the United States Foundation
15
for International Conservation.
16
(2) INDEPENDENCE.—The Foundation is not
17
an agency or instrumentality of the United States
18
Government.
19
(3) TAX-EXEMPT
STATUS.—The Board shall
20
take all necessary and appropriate steps to ensure
21
that the Foundation is an organization described in
22
subsection (c) of section 501 of the Internal Revenue
23
Code of 1986, which exempts the organization from
24
taxation under subsection (a) of such section.
25
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•HR 1298 IH
(4)
TERMINATION
OF
OPERATIONS.—The
1
Foundation shall terminate operations on the date
2
that is 10 years after the date on which it is estab-
3
lished pursuant to paragraph (1).
4
(b) PURPOSES.—The purposes of the Foundation
5
are—
6
(1) to promote effective, long-term management
7
of protected and conserved areas and their contig-
8
uous buffer zones in eligible countries;
9
(2) to advocate for, incentivize, accept, and ad-
10
minister governmental and nongovernmental funds,
11
including donations from the private sector, to in-
12
crease the availability and predictability of financing
13
for long-term management of protected and con-
14
served areas;
15
(3) to close critical gaps in public international
16
conservation efforts by—
17
(A) increasing private sector investment,
18
including investments from philanthropic enti-
19
ties; and
20
(B) collaborating with partners providing
21
bilateral and multilateral financing to support
22
enhanced coordination;
23
(4) to identify and financially support imple-
24
mentation-ready projects—
25
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•HR 1298 IH
(A) that promote long-term management
1
of protected and conserved areas and their con-
2
tiguous buffer zones in eligible countries, in-
3
cluding supporting the management of terres-
4
trial, coastal, freshwater, and marine protected
5
areas, parks, community conservancies, indige-
6
nous reserves, conservation easements, and bio-
7
logical reserves; and
8
(B) that provide effective area-based con-
9
servation measures, consistent with internation-
10
ally recognized best practices and standards for
11
environmental and social safeguards; and
12
(5) to coordinate with, and otherwise support
13
and assist, foreign governments, private sector enti-
14
ties, local communities, Indigenous Peoples, and
15
other stakeholders in undertaking biodiversity con-
16
servation activities—
17
(A) to achieve sustainable biodiversity con-
18
servation outcomes; and
19
(B) to improve local security, governance,
20
food security, and economic opportunities.
21
SEC. 4. GOVERNANCE OF THE FOUNDATION.
22
(a) BOARD OF DIRECTORS.—
23
(1) GOVERNANCE.—The Foundation shall be
24
governed by a Board of Directors.
25
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•HR 1298 IH
(2) COMPOSITION.—
1
(A) IN
GENERAL.—The Board shall be
2
composed of—
3
(i) the Directors described in subpara-
4
graph (B); and
5
(ii) Appointed Directors described in
6
subparagraph (C).
7
(B) DIRECTORS.—The following individ-
8
uals, or designees of such individuals, shall
9
serve as Directors:
10
(i) The Secretary of State.
11
(ii) The Administrator of the United
12
States Agency for International Develop-
13
ment.
14
(iii) The Secretary of the Interior.
15
(iv) The Chief of the United States
16
Forest Service.
17
(v) The Administrator of the National
18
Oceanic and Atmospheric Administration.
19
(C) APPOINTED
DIRECTORS.—The Sec-
20
retary, in consultation with the other Directors
21
described in subparagraph (B), shall appoint,
22
as Directors of the Board—
23
(i) 4 private-sector committed donors;
24
and
25
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•HR 1298 IH
(ii) 5 independent experts who rep-
1
resent diverse points of view, to the max-
2
imum extent practicable.
3
(D) QUALIFICATIONS.—Each independent
4
expert appointed pursuant to subparagraph (C)
5
shall be knowledgeable and experienced in mat-
6
ters relating to—
7
(i) international development;
8
(ii) protected area management and
9
the conservation of global biodiversity, fish
10
and wildlife, ecosystem restoration, adapta-
11
tion, and resilience; and
12
(iii) grantmaking in support of inter-
13
national conservation.
14
(E)
CHAIRPERSON.—The
Board
shall
15
elect, from among its Directors, a Chairperson,
16
who shall serve for a 2-year term.
17
(3) TERMS; VACANCIES.—
18
(A) TERMS.—
19
(i) IN GENERAL.—The term of service
20
of each Director appointed pursuant to
21
paragraph (2)(C) shall be not more than 5
22
years.
23
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•HR 1298 IH
(ii) INITIAL APPOINTED DIRECTORS.—
1
Of the initial Directors appointed pursuant
2
to paragraph (2)(C)—
3
(I) 5 Directors, including at least
4
2 private-sector committed donors,
5
shall serve for 4 years; and
6
(II) 4 Directors shall serve for 5
7
years, as determined by the Chair-
8
person of the Board.
9
(B) VACANCIES.—Any vacancy in the
10
membership of the appointed Directors of the
11
Board—
12
(i) shall be filled in accordance with
13
the bylaws of the Foundation by a private-
14
sector committed donor or an independent
15
expert who meets the qualifications under
16
subparagraph (C)(ii)(A), as applicable, as
17
represented by the vacating Director;
18
(ii) shall not affect the power of the
19
remaining appointed Directors to execute
20
the duties of the Board; and
21
(iii) shall be filled by an individual se-
22
lected by the Board.
23
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•HR 1298 IH
(4) QUORUM.—A majority of the current mem-
1
bership of the Board shall constitute a quorum for
2
the transaction of Foundation business.
3
(5) MEETINGS.—
4
(A) IN GENERAL.—The Board shall meet
5
at the call of the Chairperson not less fre-
6
quently than annually.
7
(B) INITIAL MEETING.—Not later than 60
8
days after the Board is established pursuant to
9
section 3(a), the Secretary shall convene a
10
meeting of the ex-officio Directors and the ap-
11
pointed Directors of the Board to incorporate
12
the Foundation.
13
(C) REMOVAL.—Any Director who misses
14
3 consecutive regularly scheduled meetings may
15
be removed from the Board.
16
(6) REIMBURSEMENT OF EXPENSES.—Directors
17
of the Board shall serve without pay, but may be re-
18
imbursed for the actual and necessary traveling and
19
subsistence expenses incurred in the performance of
20
the duties of the Foundation.
21
(7) NOT FEDERAL EMPLOYEES.—Appointment
22
as a Director of the Board shall not constitute em-
23
ployment by, or the holding of an office of, the
24
United States for purposes of any Federal law.
25
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•HR 1298 IH
(8) DUTIES.—The Board shall—
1
(A) establish bylaws for the Foundation in
2
accordance with paragraph (9);
3
(B) provide overall direction for the activi-
4
ties of the Foundation and establish priority ac-
5
tivities;
6
(C) carry out any other necessary activities
7
of the Foundation;
8
(D) evaluate the performance of the Exec-
9
utive Director; and
10
(E) not less frequently than annually, con-
11
sult and coordinate with stakeholders qualified
12
to provide advice, assistance, and information
13
regarding effective protected and conserved
14
area management.
15
(9) BYLAWS.—
16
(A) IN GENERAL.—The bylaws established
17
pursuant to paragraph (8)(A) may include—
18
(i) policies for the selection of Direc-
19
tors of the Board and officers, employees,
20
agents, and contractors of the Foundation;
21
(ii) policies, including ethical stand-
22
ards, for—
23
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•HR 1298 IH
(I) the acceptance, solicitation,
1
and disposition of donations and
2
grants to the Foundation; and
3
(II) the disposition of assets of
4
the Foundation;
5
(iii) policies that subject all employ-
6
ees, fellows, trainees, and other agents of
7
the Foundation (including ex-officio Direc-
8
tors and appointed Directors of the Board)
9
to conflict of interest standards; and
10
(iv) the specific duties of the Execu-
11
tive Director.
12
(B) REQUIREMENTS.—The Board shall en-
13
sure that the bylaws of the Foundation and the
14
activities carried out under such bylaws do
15
not—
16
(i) reflect unfavorably on the ability of
17
the Foundation to carry out activities in a
18
fair and objective manner; or
19
(ii) compromise, or appear to com-
20
promise, the integrity of any governmental
21
agency or program, or any officer or em-
22
ployee employed by, or involved in, a gov-
23
ernmental agency or program.
24
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•HR 1298 IH
(b) EXECUTIVE DIRECTOR.—The Board shall hire an
1
Executive Director of the Foundation, who shall serve, at
2
the pleasure of the Board, as the Chief Executive Officer
3
of the Foundation.
4
(c) FOUNDATION STAFF.—Officers and employees of
5
the Foundation—
6
(1) may not be employees of, or hold any office
7
in, the United States Government; and
8
(2) shall be appointed without regard to the
9
provisions of—
10
(A) title 5, United States Code, governing
11
appointments in the competitive service; and
12
(B) chapter 51 and subchapter III of chap-
13
ter 53 of such title, relating to classification
14
and General Schedule pay rates.
15
(d) LIMITATION AND CONFLICTS OF INTERESTS.—
16
(1) POLITICAL PARTICIPATION.—The Founda-
17
tion may not participate or intervene in any political
18
campaign on behalf of any candidate for public of-
19
fice in any country.
20
(2) FINANCIAL
INTERESTS.—Any Director of
21
the Board or officer or employee of the Foundation
22
is prohibited from participating, directly or indi-
23
rectly, in the consideration or determination of any
24
question before the Foundation affecting—
25
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•HR 1298 IH
(A) the financial interests of such Director,
1
officer, or employee; and
2
(B) the interests of any corporation, part-
3
nership, entity, or organization in which such
4
Director, officer, or employee has any fiduciary
5
obligation or direct or indirect financial inter-
6
est.
7
SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE
8
FOUNDATION.
9
(a) GENERAL AUTHORITY.—
10
(1) IN GENERAL.—The Foundation—
11
(A) shall have perpetual succession unless
12
dissolved by an Act of Congress;
13
(B) may conduct business throughout the
14
States, territories, and possessions of the
15
United States and in foreign countries;
16
(C) shall have its principal offices in the
17
Washington, DC, metropolitan area; and
18
(D) shall continuously maintain a des-
19
ignated agent in Washington, DC, who is au-
20
thorized to accept notice or service of process
21
on behalf of the Foundation.
22
(2) NOTICE AND SERVICE OF PROCESS.—The
23
serving of notice to, or service of process upon, the
24
agent referred to in paragraph (1)(D), or mailed to
25
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[Text truncated for display. Full text available on Congress.gov.]