S. 345 (111th): Tropical Forest and Coral Conservation Reauthorization Act of 2009

111th Congress, 2009–2010. Text as of Jul 16, 2009 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

II

Calendar No. 111

111th CONGRESS

1st Session

S. 345

[Report No. 111–49]

IN THE SENATE OF THE UNITED STATES

January 29, 2009

(for himself, Mr. Kerry, Mr. Brownback, Mr. Leahy, 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 Relations

July 16, 2009

Reported by , without amendment

A BILL

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.

1.

Short title

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

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.

(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.

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—

(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;

(2)

in subsection (a)(2)—

(A)

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

(B)

in subparagraph (C), by striking far-flung; and

(3)

in subsection (b)(2)—

(A)

by striking tropical forests the first place it appears and inserting tropical forests and coral reefs and associated coastal marine ecosystems;

(B)

by striking tropical forests the second place it appears and inserting areas;

(C)

by striking tropical forests the third place it appears and inserting tropical forests and coral reefs and their associated coastal marine ecosystems; and

(D)

by striking that have led to deforestation and inserting on such countries.

(b)

Amendments related to definitions

Section 803 of such Act (22 U.S.C. 2431a) is amended—

(1)

in paragraph (5)—

(A)

in the heading, by striking tropical forest and inserting tropical forest or coral reef;

(B)

in the matter preceding subparagraph (A), by striking tropical forest and inserting tropical forest or coral reef; and

(C)

in subparagraph (B)—

(i)

by striking tropical forest and inserting tropical forest or coral reef; and

(ii)

by striking tropical forests and inserting tropical forests or coral reefs

(2)

by adding at the end the following new paragraphs:

(10)

Coral

The term coral means species of the phylum Cnidaria, including—

(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; and

(B)

all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.

(11)

Coral reef

The term coral reef means any reef or shoal composed primarily of coral.

(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.

.

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.

(b)

Conforming amendments to definitions

Section 803(8) of such Act (22 U.S.C. 2431a(8)) is amended—

(1)

in the heading, by striking Tropical forest facility and inserting Conservation facility; and

(2)

by striking Tropical Forest Facility both places it appears and inserting Conservation Facility.

(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.

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.

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:

(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.

.

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—

(1)

in the section heading, by striking Tropical Forest Agreement and inserting Conservation Agreement; and

(2)

in subsection (a)—

(A)

by striking Authority and all that follows through (1) In General.—The Secretary and inserting Authority.—The Secretary; and

(B)

by striking Tropical Forest Agreement and inserting Conservation Agreement.

(b)

Elimination of requirement To consult with the enterprise for the Americas Board

Such subsection is further amended by striking paragraph (2).

(c)

Role of beneficiary countries

Such section is further amended—

(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); and

(2)

by amending subsection (f) to read as follows:

(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.

.

(d)

Technical and conforming amendments

Such section is further amended—

(1)

in subsection (c)(2)(A)(i), by inserting to serve in an official capacity after Government;

(2)

in subsection (d)—

(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;

(B)

in paragraph (5), by striking tropical forest; and

(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.

(e)

Conforming amendments to definitions

Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended—

(1)

in the heading, by striking Tropical Forest Agreement and inserting Conservation Agreement; and

(2)

by striking Tropical Forest Agreement both places it appears and inserting Conservation Agreement.

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—

(1)

in the section heading, by striking Tropical Forest Fund and inserting Conservation Fund; and

(2)

in subsection (a)—

(A)

by striking Tropical Forest Agreement and inserting Conservation Agreement; and

(B)

by striking Tropical Forest Fund and inserting Conservation Fund.

(b)

Conforming amendments to definitions

Such Act is further amended—

(1)

in section 803(9) (22 U.S.C. 2431a(9))—

(A)

in the heading, by striking Tropical Forest Fund and inserting Conservation Fund; and

(B)

by striking Tropical Forest Fund both places it appears and inserting Conservation Fund;

(2)

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

(3)

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

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.

(b)

Conforming amendments

Section 803 of such Act (22 U.S.C. 2431a), as renamed by section 2(a), is amended—

(1)

by striking paragraph (4); and

(2)

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

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—

(1)

in subsection (a)—

(A)

by striking (a) In General.—Not later than December 31 and inserting Not later than April 15;

(B)

by striking Facility both places it appears and inserting Conservation Facility; and

(C)

by striking fiscal year both places it appears and inserting calendar year; and

(2)

by striking subsection (b).

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—

(1)

by striking or, as appropriate in exceptional circumstances, and inserting or;

(2)

in subparagraph (A)—

(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,; and

(B)

by striking (after consultation with the Enterprise for the Americas Board); and

(3)

in subparagraph (B), by striking (after consultation with the Enterprise for Americas Board).

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—

(1)

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

(7)

$25,000,000 for fiscal year 2009.

(8)

$30,000,000 for fiscal year 2010.

(9)

$30,000,000 for fiscal year 2011.

(10)

$30,000,000 for fiscal year 2012.

; and

(2)

by amending subsection (e) to read as follows:

(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.

.

July 16, 2009

Reported without amendment