What This Bill Does
This bill creates a new nonprofit organization called the United States Foundation for International Conservation. The Foundation will give grants to projects that manage and protect natural areas in developing countries. The Foundation will operate independently from the U.S. government but will receive government funding and oversight.
Who It Affects
- The Secretary of State and other federal officials who oversee the Foundation
- Conservation organizations and nonprofits that apply for grants
- Governments of developing countries with protected natural areas
- Indigenous peoples and local communities living near conservation projects
- Private donors and companies that contribute money to the Foundation
Key Provisions
- The Foundation must be established within 180 days and will stop operating 10 years after it begins (Sec. 3(a))
- A Board of Directors will oversee the Foundation, including five federal officials and eight other members appointed by the Secretary of State (Sec. 4(b))
- The Foundation can only fund projects in countries that are low-income, lower-middle-income, or upper-middle-income and have shown commitment to conservation (Sec. 7(b))
- Projects must match Foundation grants with at least $2 from other sources for every $1 from the Foundation (Sec. 7(a)(3) and Sec. 10(b))
- The Foundation cannot support governments that have sponsored terrorism or violated human rights, as determined by existing federal law (Sec. 8(a))
What Changes
If this becomes law, a new independent organization will be created to fund conservation projects worldwide. The Foundation will receive up to $100 million per year starting in fiscal year 2026 through 2034. Local communities and Indigenous peoples in project areas must be consulted and their informed consent obtained before projects begin. The Foundation must establish an independent office to handle complaints about its projects and ensure they follow environmental and social safeguards. Projects must provide economic benefits to local communities through jobs, profit-sharing, and other activities.
Important Definitions
- **Eligible country**: A developing nation with significant biodiversity that has taken action to protect lands and waters through national parks, marine reserves, and other legal conservation methods (Sec. 7(b))
- **Eligible project**: Conservation activities that protect natural areas, support local communities, match government funding, and meet performance standards (Sec. 7(a)(3))
- **Protected or conserved areas**: Legally designated lands and waters including national parks, marine reserves, indigenous reserves, and community conservancies (Sec. 7(a)(3))
- **Free, prior, and informed consent**: A process where Indigenous peoples and local communities must be told about and agree to projects that affect their lands before those projects start (Sec. 7(a)(3))
Effective Date
The Foundation must be established within 180 days of the bill becoming law. The Foundation will operate for 10 years from when it becomes operational, then shut down (Sec. 3(a)).
II
Calendar No. 368
118TH CONGRESS
2D SESSION
S. 618
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 SENATE OF THE UNITED STATES
MARCH 1, 2023
Mr. COONS (for himself, Mr. GRAHAM, Mr. WHITEHOUSE, Mr. TILLIS, Mr.
HEINRICH, Mr. BOOZMAN, Mr. RICKETTS, Mr. KAINE, and Mr. SCOTT
of South Carolina) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
MAY 7, 2024
Reported by Mr. CARDIN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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
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•S 618 RS
SEC. 2. DEFINITIONS.
1
In this Act:
2
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
3
TEES.—The term ‘‘appropriate congressional com-
4
mittees’’ means—
5
(A) the Committee on Appropriations of
6
the Senate;
7
(B) the Committee on Foreign Relations of
8
the Senate;
9
(C) the Committee on Appropriations of
10
the House of Representatives; and
11
(D) the Committee on Foreign Affairs of
12
the House of Representatives.
13
(2) BOARD.—The term ‘‘Board’’ means the
14
Board of Directors established pursuant to section
15
4(a).
16
(3) DIRECTOR.—The term ‘‘Director’’ means—
17
(A) an initial member of the Board ap-
18
pointed pursuant to section 4(a)(2)(C); or
19
(B) a member of the Board selected to fill
20
a vacancy pursuant to section 4(a)(3)(B).
21
(4) ELIGIBLE
COUNTRY.—The term ‘‘eligible
22
country’’ means any of the countries described in
23
section 7(b).
24
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•S 618 RS
(5) ELIGIBLE
PROJECT.—The term ‘‘eligible
1
project’’ means any of the projects described in sec-
2
tion 7(a)(2).
3
(6) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
4
tive Director’’ means the Executive Director of the
5
Foundation hired pursuant to section 4(b).
6
(7)
FOUNDATION.—The
term
‘‘Foundation’’
7
means the United States Foundation for Inter-
8
national Conservation established pursuant to sec-
9
tion 3(a).
10
(8) SECRETARY.—The term ‘‘Secretary’’ means
11
the Secretary of State.
12
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL
13
CONSERVATION.
14
(a) ESTABLISHMENT.—
15
(1) IN
GENERAL.—Not later than 180 days
16
after the date of the enactment of this Act, the Sec-
17
retary shall establish the United States Foundation
18
for International Conservation.
19
(2) INDEPENDENCE.—The Foundation is not
20
an agency or instrumentality of the United States
21
Government.
22
(3) TAX-EXEMPT
STATUS.—The Board shall
23
take all necessary and appropriate steps to ensure
24
that the Foundation is an organization described in
25
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•S 618 RS
subsection (c) of section 501 of the Internal Revenue
1
Code of 1986, which exempts the organization from
2
taxation under subsection (a) of such section.
3
(4)
TERMINATION
OF
OPERATIONS.—The
4
Foundation shall terminate operations on the date
5
that is 10 years after the date on which it is estab-
6
lished pursuant to paragraph (1).
7
(b) PURPOSES.—The purposes of the Foundation
8
are—
9
(1) to promote effective, long-term management
10
of protected and conserved areas and their contig-
11
uous buffer zones in eligible countries;
12
(2) to advocate for, incentivize, accept, and ad-
13
minister governmental and nongovernmental funds,
14
including donations from the private sector, to in-
15
crease the availability and predictability of financing
16
for long-term management of protected and con-
17
served areas;
18
(3) to close critical gaps in public international
19
conservation efforts by—
20
(A) increasing private sector investment,
21
including investments from philanthropic enti-
22
ties; and
23
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•S 618 RS
(B) collaborating with partners providing
1
bilateral and multilateral financing to support
2
enhanced coordination;
3
(4) to identify and financially support imple-
4
mentation-ready projects—
5
(A) that promote long-term management
6
of protected and conserved areas and their con-
7
tiguous buffer zones in eligible countries, in-
8
cluding supporting the management of terres-
9
trial, coastal, freshwater, and marine protected
10
areas, parks, community conservancies, indige-
11
nous reserves, conservation easements, and bio-
12
logical reserves; and
13
(B) that provide effective area-based con-
14
servation measures, consistent with internation-
15
ally recognized best practices and standards for
16
environmental and social safeguards; and
17
(5) to coordinate with, and otherwise support
18
and assist, foreign governments, private sector enti-
19
ties, local communities, Indigenous Peoples, and
20
other stakeholders in undertaking biodiversity con-
21
servation activities—
22
(A) to achieve sustainable biodiversity con-
23
servation outcomes; and
24
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•S 618 RS
(B) to improve local security, governance,
1
food security, and economic opportunities.
2
SEC. 4. GOVERNANCE OF THE FOUNDATION.
3
(a) BOARD OF DIRECTORS.—
4
(1) GOVERNANCE.—The Foundation shall be
5
governed by a Board of Directors.
6
(2) COMPOSITION.—
7
(A) IN
GENERAL.—The Board shall be
8
composed of—
9
(i) the Directors described in subpara-
10
graph (B); and
11
(ii) Appointed Directors described in
12
subparagraph (C).
13
(B) DIRECTORS.—The following individ-
14
uals, or designees of such individuals, shall
15
serve as Directors:
16
(i) The Secretary of State.
17
(ii) The Administrator of the United
18
States Agency for International Develop-
19
ment.
20
(iii) The Secretary of the Interior.
21
(iv) The Chief of the United States
22
Forest Service.
23
(v) The Administrator of the National
24
Oceanic and Atmospheric Administration.
25
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•S 618 RS
(C)
APPOINTED
DIRECTORS.—The
Sec-
1
retary, in consultation with the other Directors
2
described in subparagraph (B), shall appoint,
3
as Directors of the Board—
4
(i) 4 private-sector committed donors;
5
and
6
(ii) 5 independent experts who rep-
7
resent diverse points of view, to the max-
8
imum extent practicable.
9
(D) QUALIFICATIONS.—Each independent
10
expert appointed pursuant to subparagraph (C)
11
shall be knowledgeable and experienced in mat-
12
ters relating to—
13
(i) international development;
14
(ii) protected area management and
15
the conservation of global biodiversity, fish
16
and wildlife, ecosystem restoration, adapta-
17
tion, and resilience; and
18
(iii) grantmaking in support of inter-
19
national conservation.
20
(E)
CHAIRPERSON.—The
Board
shall
21
elect, from among its Directors, a Chairperson,
22
who shall serve for a 2-year term.
23
(3) TERMS; VACANCIES.—
24
(A) TERMS.—
25
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•S 618 RS
(i) IN GENERAL.—The term of service
1
of each Director appointed pursuant to
2
paragraph (2)(C) shall be not more than 5
3
years.
4
(ii) INITIAL APPOINTED DIRECTORS.—
5
Of the initial Directors appointed pursuant
6
to paragraph (2)(C)—
7
(I) 5 Directors, including at least
8
2
private-sector
committed
donors,
9
shall serve for 4 years; and
10
(II) 4 Directors shall serve for 5
11
years, as determined by the Chair-
12
person of the Board.
13
(B)
VACANCIES.—Any
vacancy
in
the
14
membership of the appointed Directors of the
15
Board—
16
(i) shall be filled in accordance with
17
the bylaws of the Foundation by a private-
18
sector committed donor or an independent
19
expert who meets the qualifications under
20
subparagraph (C)(ii)(A), as applicable, as
21
represented by the vacating Director;
22
(ii) shall not affect the power of the
23
remaining appointed Directors to execute
24
the duties of the Board; and
25
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•S 618 RS
(iii) shall be filled by an individual se-
1
lected by the Board.
2
(4) QUORUM.—A majority of the current mem-
3
bership of the Board shall constitute a quorum for
4
the transaction of Foundation business.
5
(5) MEETINGS.—
6
(A) IN GENERAL.—The Board shall meet
7
at the call of the Chairperson not less fre-
8
quently than annually.
9
(B) INITIAL MEETING.—Not later than 60
10
days after the Board is established pursuant to
11
section 3(a), the Secretary shall convene a
12
meeting of the ex-officio Directors and the ap-
13
pointed Directors of the Board to incorporate
14
the Foundation.
15
(C) REMOVAL.—Any Director who misses
16
3 consecutive regularly scheduled meetings may
17
be removed from the Board.
18
(6) REIMBURSEMENT OF EXPENSES.—Directors
19
of the Board shall serve without pay, but may be re-
20
imbursed for the actual and necessary traveling and
21
subsistence expenses incurred in the performance of
22
the duties of the Foundation.
23
(7) NOT FEDERAL EMPLOYEES.—Appointment
24
as a Director of the Board shall not constitute em-
25
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•S 618 RS
ployment by, or the holding of an office of, the
1
United States for purposes of any Federal law.
2
(8) DUTIES.—The Board shall—
3
(A) establish bylaws for the Foundation in
4
accordance with paragraph (9);
5
(B) provide overall direction for the activi-
6
ties of the Foundation and establish priority ac-
7
tivities;
8
(C) carry out any other necessary activities
9
of the Foundation;
10
(D) evaluate the performance of the Exec-
11
utive Director; and
12
(E) not less frequently than annually, con-
13
sult and coordinate with stakeholders qualified
14
to provide advice, assistance, and information
15
regarding
effective
protected
and
conserved
16
area management.
17
(9) BYLAWS.—
18
(A) IN GENERAL.—The bylaws established
19
pursuant to paragraph (8)(A) may include—
20
(i) policies for the selection of Direc-
21
tors of the Board and officers, employees,
22
agents, and contractors of the Foundation;
23
(ii) policies, including ethical stand-
24
ards, for—
25
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•S 618 RS
(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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•S 618 RS
(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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•S 618 RS
(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
age
[Text truncated for display. Full text available on Congress.gov.]