II 

117TH CONGRESS 

2D SESSION S. 5019 

To establish an international terrestrial carbon sequestration program and 

provide international technical assistance for carbon market development, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. MENENDEZ (for himself and Mr. BRAUN) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish an international terrestrial carbon sequestration 

program and provide international technical assistance 

for carbon market development, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘America Mitigating 

5 and Achieving Zero-emissions Originating from Nature for 

6 the 21st Century Act’’ or the ‘‘AMAZON21 Act’’. 


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1 SEC. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUES2 TRATION PROGRAM. 

3 (a) IN GENERAL.—The Secretary shall establish a 

4 program, to be known as the ‘‘International Terrestrial 

5 Carbon Sequestration Program’’, to provide results-based 

6 payments for eligible projects in developing countries that 

7 reduce emissions and enhance carbon sequestration from 

8 forests and other terrestrial ecosystems. 

9 (b) GOALS.—In carrying out the program established 

10 pursuant to subsection (a), the Secretary shall work with 

11 the governments of developing countries and appropriate 

12 local partners in developing countries to identify, develop, 

13 and implement eligible projects that— 

14 (1) will help developing countries meet their 

15 international greenhouse gas mitigation commit16 ments; and 

17 (2) have the potential to contribute to coopera18 tive efforts— 

19 (A) to conserve and restore forests and 

20 other terrestrial ecosystems; 

21 (B) to provide a counterbalance to invest22 ments from countries of concern in cooperating 

23 developing countries; 

24 (C) to reduce illegal deforestation; and 

25 (D) to mitigate and sequester carbon diox26 ide. 


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1 (c) RESULTS-BASED PAYMENTS.— 

2 (1) IN GENERAL.—An eligible project shall 

3 qualify for results-based payments under the pro4 gram established pursuant to subsection (a) if— 

5 (A) in the determination of the Secretary, 

6 the host developing country or appropriate local 

7 partner will be able to fulfill its obligations 

8 under any agreement with respect to the fund9 ing of the eligible project through the program 

10 established pursuant to subsection (a), includ11 ing (as applicable) with respect to— 

12 (i) host country standards of govern13 ance and respect for rule of law; 

14 (ii) environmental and social safe15 guards; and 

16 (iii) potential for corruption or misuse 

17 of payments made by the Secretary; 

18 (B) the eligible project is appropriately de19 signed to use results-based payments; 

20 (C) the host developing country or appro21 priate local partner, as applicable, agrees— 

22 (i) to abide by transparency require23 ments with respect to the use of funds re24 ceived under the program established pur25 suant to subsection (a); 


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1 (ii) to fulfill measuring, reporting, and 

2 verification requirements, including inde3 pendent third-party verification, necessary 

4 to provide results-based payments; 

5 (iii) to report publicly any data with 

6 respect to emissions reductions achieved 

7 under such program, linking such data to 

8 reporting requirements of or commitments 

9 made by a host country under relevant 

10 international agreements; 

11 (iv) to count the verified emission re12 ductions associated with the eligible project 

13 solely towards any of the relevant inter14 national commitments of the host devel15 oping country; 

16 (v) to ensure that women, indigenous 

17 communities, and other local stakeholders, 

18 as applicable, are empowered and enabled 

19 to meaningfully participate in the develop20 ment, implementation, and potential bene21 fits of the eligible project; and 

22 (vi) to disclose any debt the applicant 

23 may owe to any entity known to be owned 

24 or controlled by a country of concern, inVerDate Sep 11 2014 22:22 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5019.IS S5019

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1 cluding loan amounts, duration, rates, and 

2 contractual provisions; and 

3 (D) with respect to subparagraph (C)(vi), 

4 the host developing country or appropriate local 

5 partner agrees that payments may not be used 

6 to amortize any loan principal owed to any enti7 ty known to be owned or controlled by the coun8 try of concern. 

9 (2) ADDITIONAL FORMS OF QUALIFICATION FOR

10 RESULTS BASED PAYMENTS.—Notwithstanding 

11 paragraph (1), an eligible project may qualify for re12 sults-based payments under this subsection if— 

13 (A) the eligible project includes a combina14 tion or aggregation of existing terrestrial car15 bon mitigation projects such that the total of 

16 such projects contributes to the full national or, 

17 on an interim basis, subnational territory in the 

18 host developing country; or 

19 (B) the eligible project is nested into the 

20 accounting and reporting of an existing national 

21 or sub-national terrestrial carbon mitigation 

22 program in the host developing country, includ23 ing with regard to safeguard requirements and 

24 any transfer of credits, without regard to 


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1 whether the eligible project is below the sub-na2 tional level or scale. 

3 (d) MULTI-YEAR AGREEMENTS.— 

4 (1) IN GENERAL.—Upon determining that an 

5 eligible project qualifies for results-based payments, 

6 the Secretary is authorized to enter into multi-year 

7 agreements to provide results-based payments to a 

8 host developing country or appropriate local partners 

9 in the host developing country, including in the form 

10 of grants from the International Forestry Carbon 

11 Mitigation Fund established in subsection (g), to 

12 carry out such eligible project. 

13 (2) PRIORITIZATION.—The Secretary is encour14 aged to consider any project for which the execution 

15 of such project would directly or indirectly combat il16 legal deforestation or counter malicious influence 

17 from countries of concern in a particular developing 

18 country. 

19 (3) THIRD-PARTY LEVERAGE OF FUNDS.—The 

20 Secretary is encouraged to prioritize projects that 

21 include terms that leverage funding from non-prof22 its, businesses, other developed countries, and multi23 lateral financing and development agencies. 

24 (4) PARTNERSHIPS WITH MULTILATERAL PRO25 GRAMS.—The Secretary may partner with multilatVerDate Sep 11 2014 22:22 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5019.IS S5019

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1 eral or multi-donor programs to fund grants for any 

2 eligible project that qualifies for results based pay3 ments under subsection (c). 

4 (5) RECIPROCAL COMMITMENT.—The Secretary 

5 shall take steps to ensure that the host developing 

6 country or appropriate local partners in the host de7 veloping country, as applicable, reciprocates the 

8 commitments to achieving the goals described in 

9 subsection (b). 

10 (6) PERIODIC REVIEWS.—The Secretary shall 

11 periodically review and evaluate the progress of eligi12 ble projects— 

13 (A) to ensure that eligible projects are pro14 ceeding successfully and appropriately main15 tained; 

16 (B) to account for and adapt to 

17 externalities that could prevent an eligible 

18 project from meeting its objectives; and 

19 (C) to assist proponents of an eligible 

20 projects in planning and executing the eligible 

21 project in accordance with this Act. 

22 (7) TERMINATION.—An agreement under this 

23 subsection may be unilaterally terminated by the 

24 Secretary if the Secretary determines that— 


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1 (A) the host developing country or a ap2 propriate local partner is failing or has failed to 

3 uphold the terms and conditions established for 

4 the eligible project; or 

5 (B) the eligible project is not in the na6 tional interest of the United States. 

7 (8) DOUBLE COUNTING OF PAYMENTS.—The 

8 Secretary shall take such steps as may be nec9 essary— 

10 (A) to prevent the double counting of, or 

11 double payment for, emissions reduction or car12 bon sequestration results from eligible projects 

13 that also may receive funds from other sources, 

14 including in accordance with international 

15 guidelines and rules on carbon markets; and 

16 (B) to ensure that the payments and eligi17 ble projects are interoperable and do not sup18 plant or compete with international transferred 

19 mitigation outcomes. 

20 (e) TRANSPARENCY.—The Secretary shall make pub21 licly available a list of funds made available under the pro22 gram established by subsection (a) and shall update on 

23 an annual basis the progress or any lack of progress in 

24 the implementation of the corresponding eligible projects 


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1 and the achievement of the goals described in subsection 

2 (b). 

3 (f) AGENCY COORDINATION.—In carrying out the 

4 program under this section, the Secretary shall consult as 

5 appropriate with the heads of other relevant Federal de6 partments and agencies, including— 

7 (1) with respect to terrestrial carbon sequestra8 tion, the Secretary of Agriculture, the Secretary of 

9 the Interior, the Administrator of the National Oce10 anic and Atmospheric Administration, the Chief 

11 Forester of the Forest Service, the Administrator of 

12 the United States Agency for International Develop13 ment, and the Administrator of the Environmental 

14 Protection Agency; 

15 (2) with respect to project monitoring, report16 ing, and verification, the Administrator of the Na17 tional Oceanic and Atmospheric Administration, the 

18 Administrator of the National Aeronautics and 

19 Space Administration, the Administrator of the 

20 United States Agency for International Develop21 ment, the Director of the United States Geological 

22 Survey, the Administrator of the Environmental 

23 Protection Agency, the Secretary of Agriculture, and 

24 the Chief Forester of the Forest Service; and 


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1 (3) with respect to avoiding duplicative foreign 

2 aid efforts, particularly for conservation funds, the 

3 Administrator of the United States Agency for 

4 International Development. 

5 (g) TRUST FUND.—There is established in the Treas6 ury of the United States a fund to be known as the ‘‘Inter7 national Terrestrial Carbon Sequestration Fund’’, which 

8 shall consist of— 

9 (1) amounts appropriated pursuant to the au10 thorization in subsection (h)(1) to carry out this sec11 tion; and 

12 (2) such gifts, bequests, or devises of property 

13 for the benefit of, or in connection with carrying out 

14 this section as the Secretary may accept in the form 

15 of donations by individuals or entities, including pri16 vate entities, non-profit entities, other developed 

17 countries, and multinational entities. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) AUTHORIZATION.—There is authorized to 

20 be appropriated to carry out this section— 

21 (A) $1,125,000,000 for fiscal year 2022; 

22 (B) $1,125,000,000 for fiscal year 2023; 

23 (C) $1,125,000,000 for fiscal year 2024; 

24 and 

25 (D) $1,125,000,000 for fiscal year 2025. 


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1 (2) AVAILABILITY.—Amounts appropriated to 

2 carry out this section are authorized to remain avail3 able until expended and shall be used solely for the 

4 purposes of this section. 

5 (3) SALARIES AND EXPENSES.—Of the amounts 

6 made available for any fiscal year pursuant to the 

7 authorization under paragraph (1), not more than 

8 $10,000,000 is authorized to be made available for 

9 the salaries and expenses of employees to carry out 

10 this section. 

11 (i) EMISSIONS BASELINE FOR ELIGIBLE

12 PROJECTS.— 

13 (1) PROPOSALS FOR EMISSIONS BASELINE.— 

14 (A) IN GENERAL.—To receive results15 based payments under this section for an eligi16 ble project qualified to receive results-based 

17 payments pursuant to subsection (c), a devel18 oping country or appropriate local partner shall 

19 submit to the Secretary a proposal for an emis20 sions baseline that— 

21 (i) is credible, transparent, accurate, 

22 and conservatively evaluates the reduction 

23 of carbon emission of an eligible project; 

24 and 


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1 (ii) meets the criteria established by 

2 the Secretary under paragraph (2). 

3 (B) DETERMINATION BY SECRETARY.— 

4 (i) IN GENERAL.—After receipt of a 

5 proposal under subparagraph (A), the Sec6 retary shall determine whether the emis7 sion baseline meets the criteria under para8 graph (2). 

9 (ii) PROVISION OF RESULTS-BASED

10 PAYMENTS APPROVED EMISSIONS BASE11 LINE.—If the Secretary determines under 

12 clause (i) that the emissions baseline meets 

13 the criteria under paragraph (2), the Sec14 retary may provide results-based payments 

15 for such eligible project to the developing 

16 country or appropriate local partner in ac17 cordance with this section. 

18 (iii) FAILURE TO MEET CRITERIA.— 

19 (I) IN GENERAL.—If the Sec20 retary determines under clause (i) 

21 that the emissions baseline does not 

22 meet the criteria under paragraph (2), 

23 the Secretary may negotiate with the 

24 developing country or appropriate 

25 local partner to reach an agreement 


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1 on an emissions baseline for the eligi2 ble project. 

3 (II) PROVISION OF RESULTS4 BASED PAYMENTS FOR AGREED EMIS5 SIONS BASELINE.—Once an agree6 ment has been reached under sub7 clause (I), the Secretary may provide 

8 results-based payments for the eligible 

9 project to the developing country or 

10 appropriate local partner in accord11 ance with this section. 

12 (2) BASELINE CRITERIA.—The Secretary shall 

13 establish criteria for each emissions baseline pro14 posed, which shall include requirements that the 

15 emissions baseline— 

16 (A) is used to account for net emissions re17 ductions achieved from the eligible project; 

18 (B) is national, or subnational on an in19 terim basis, in scope; 

20 (C) is consistent with mitigation commit21 ments, targets, or actions that are appropriate 

22 for the developing country with respect to de23 forestation or loss of terrestrial ecosystems, tak24 ing into consideration— 


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1 (i) the average annual historical emis2 sions and removals from forests, and other 

3 terrestrial ecosystems, as applicable, dur4 ing a period of at least 5 years; and 

5 (ii) the use of the relevant 2006 IPCC 

6 Guidelines for National Greenhouse Gas 

7 Inventories published by the Intergovern8 mental Panel on Climate Change to deter9 mine applicable drivers of deforestation 

10 and land use conversion; 

11 (D) establishes a trajectory that would re12 sult in zero net deforestation by not later than 

13 10 years after the date on which the baseline is 

14 established; 

15 (E) is updated not less frequently than 

16 once every 5 years to account for changing cir17 cumstances in the developing country; 

18 (F) includes emissions and removals 

19 from— 

20 (i) remaining forest land; 

21 (ii) conversions of other lands to or 

22 from forest land; 

23 (iii) conversions between land-use cat24 egories other than forest land that, cumu25 latively with the conversions described in 


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1 clause (i) amount to 90 percent of the ab2 solute level of the total greenhouse gas 

3 emissions and removals associated with all 

4 land-use conversions; and 

5 (iv) any other land-use category esti6 mated to contribute at least 10 percent of 

7 agriculture, forestry, and other land use 

8 (AFOLU) emissions in the project area; 

9 and 

10 (G) takes into consideration existing or 

11 planned terrestrial carbon mitigation projects as 

12 identified in subsection (c)(2) in a developing 

13 country and the effect those projects might 

14 have in establishing an emissions baseline for 

15 eligible projects funded under this Act. 

16 SEC. 3. TECHNICAL ASSISTANCE FOR SCALING NATURE17 BASED SOLUTIONS IN DEVELOPING COUN18 TRIES. 

19 (a) IN GENERAL.—The Administrator of the United 

20 States Agency for International Development, in consulta21 tion with the Secretary, shall conduct a program to pro22 vide resources and technical assistance to developing coun23 tries and appropriate local partners to conserve, manage, 

24 and restore forests and other terrestrial ecosystems, to 

25 support nature-based carbon sequestration as a means of 


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1 addressing a changing climate, including by providing 

2 such resources and assistance with respect to projects for 

3 the goals described in section 2(b). Projects under such 

4 program shall be directed in developing countries meeting 

5 each of the following criteria: 

6 (1) The country contains globally significant 

7 forests or other terrestrial ecosystems— 

8 (A) that are threatened with destruction, 

9 degradation, or fragmentation; or 

10 (B) where the degradation of forests or 

11 terrestrial ecosystems impairs development and 

12 significantly drives greenhouse gas emissions. 

13 (2) Legitimate land owners or customary use 

14 rights holders in the developing country are per15 mitted— 

16 (A) to sell carbon credits to voluntary and 

17 carbon compliance markets; 

18 (B) to receive benefits from the sale of 

19 such carbon credits by the government; and 

20 (C) to participate in results-based pay21 ments transactions. 

22 (3) The country has developed, or is in the 

23 process of developing, comprehensive policies to 

24 monitor, report, and verify the environmental, social, 

25 and financial quality and integrity of any such 


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1 projects, including, if applicable, policies to ensure 

2 that the host country avoids double-counting the re3 sulting reductions greenhouse gas emissions. 

4 (4) The country presently contains large re5 serves of forests and terrestrial ecosystems that can6 not be recuperated once lost. 

7 (b) TECHNICAL SUPPORT PRIORITIZATION.—In con8 ducting the program described in subsection (a), the Ad9 ministrator of the United States Agency for International 

10 Development shall prioritize technical support for and in11 vestment in the following activities: 

12 (1) Reducing greenhouse gas emissions from 

13 deforestation, fragmentation, and forest degradation. 

14 (2) Enhancing greenhouse gas sequestration 

15 through carbon sinks by restoring natural forests 

16 and other terrestrial and ecosystems as well as 

17 building resilience. 

18 (3) Monitoring, reporting, and verification of 

19 the environmental, social, and financial quality and 

20 integrity of the project as an important component 

21 of the work. 

22 (4) Assisting governments, willing, legitimate 

23 land owners, or willing customary use rights holders 

24 in developing projects to engage in carbon markets 

25 through— 


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1 (A) carbon credits sold to buyers on exist2 ing carbon compliance markets or voluntary 

3 carbon markets; or 

4 (B) projects providing results-based pay5 ments. 

6 (5) Developing domestic infrastructure and ca7 pacity building for creating and tracking carbon 

8 credits, such as registries or projects eligible for re9 sults-based payments, and preparing countries to 

10 implement nature-based solution initiatives. 

11 (6) Ensuring that women, Indigenous Commu12 nities, and other local stakeholders are empowered 

13 and enabled to meaningfully participate and share in 

14 the potential benefits of activities funded under this 

15 section. 

16 (7) Ensuring the additionality of projects, pro17 grams, and other activities made possible by funding 

18 provided pursuant to this section. 

19 (c) AUTHORIZATION.—There are authorized to be ap20 propriated such sums as may be necessary to carry out 

21 this section. 

22 SEC. 4. DEFINITIONS. 

23 In this Act: 

24 (1) ADDITIONALITY.—The term ‘‘additionality’’ 

25 means reductions to greenhouse gas emissions in deVerDate Sep 11 2014 22:22 Oct 13, 2022 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S5019.IS S5019

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1 veloping countries that would not have occurred but 

2 for activities to reduce greenhouse gas emissions in 

3 developing countries funded and made possible by 

4 funding provided pursuant to section 3. 

5 (2) APPROPRIATE LOCAL PARTNER.—The term 

6 ‘‘appropriate local partner’’ means any relevant sub7 national government, local authority, indigenous 

8 community, non-governmental entity, or private 

9 landowner in a developing country committed to and 

10 capable of achieving the goals described in section 

11 2(b). 

12 (3) COUNTRY OF CONCERN.—The term ‘‘coun13 try of concern’’ means the government or ruling 

14 party of any of the following countries: 

15 (A) The Russian Federation. 

16 (B) The People’s Republic of China. 

17 (C) The Democratic People’s Republic of 

18 Korea. 

19 (D) The Islamic Republic of Iran. 

20 (E) The Bolivarian Republic of Venezuela. 

21 (F) The Republic of Cuba. 

22 (4) DEFORESTATION.—The term ‘‘deforest23 ation’’ means a change in land use, including forest 

24 fragmentation and forest degradation, from a forest 

25 to any other land use. 


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1 (5) DEVELOPING COUNTRY.—The term ‘‘devel2 oping country’’ means— 

3 (A) a country eligible to receive official de4 velopment assistance according to the income 

5 guidelines of the Development Assistance Com6 mittee of the Organisation for Economic Co-op7 eration and Development; or 

8 (B) any other country identified by the 

9 Secretary with globally significant forests or 

10 terrestrial ecosystems the loss of which is, or 

11 has the potential to, significantly contribute to 

12 the changing climate. 

13 (6) ELIGIBLE PROJECT.— The term ‘‘eligible 

14 project’’ means a verifiable and measurable national 

15 or subnational activity developed or executed by the 

16 central government, subnational government, local 

17 authority, indigenous community, non-governmental 

18 entity, private landowner, or any group of such per19 sons in a developing country that— 

20 (A) reduces a quantity of greenhouse gas 

21 emissions from deforestation and loss of terres22 trial ecosystems that is calculated by measuring 

23 actual emissions against an eligible project 

24 baseline, in accordance with subsection (i); or 


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1 (B) is directed at preserving or enhancing 

2 terrestrial ecosystems that might, absent such 

3 activity, be lost through conversion to other 

4 uses. 

5 (7) EMISSIONS REDUCTIONS.—The term ‘‘emis6 sions reductions’’ means greenhouse gas emissions 

7 reductions and increased sequestration achieved 

8 from— 

9 (A) reduced, or avoided deforestation; 

10 (B) reforestation; 

11 (C) preservation of terrestrial ecosystems; 

12 or 

13 (D) enhancements to terrestrial ecosystems 

14 that will result in the increased sequestration of 

15 greenhouse gas emissions. 

16 (8) FOREST DEGRADATION.—The term ‘‘forest 

17 degradation’’ means any reduction in the carbon 

18 stock of a forest due to the effects of human land19 use activities, including land-use changes driven by 

20 human activity. 

21 (9) INTERNATIONAL TRANSFERRED MITIGATION

22 OUTCOMES.—The term ‘‘international transferred 

23 mitigation outcomes’’ means the units from the 

24 mechanisms that bestow carbon mitigation credits 

25 for use in international carbon markets. 


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1 (10) NATURE-BASED SOLUTION.—The term 

2 ‘‘nature-based solution’’ means an activity within a 

3 developing country to conserve, restore, or better 

4 manage forests and terrestrial ecosystems to seques5 ter greenhouse gas emissions from the atmosphere. 

6 (11) RESULTS-BASED PAYMENT.—The term 

7 ‘‘results-based payment’’ means a mechanism for the 

8 provision of United States assistance in which— 

9 (A) a developing country, or appropriate 

10 local partner in a developing country, assumes 

11 responsibility for achieving measurable results 

12 in the reduction of emissions through an eligible 

13 project; 

14 (B) such measurable results are defined in 

15 advance of the obligation of assistance by the 

16 United States for the eligible project; and 

17 (C) such assistance is expended in the 

18 form of payments to such developing country or 

19 appropriate local partner only upon independent 

20 verification of such pre-defined results. 

21 (12) TERRESTRIAL ECOSYSTEM.— 

22 (A) IN GENERAL.—The term ‘‘terrestrial 

23 ecosystem’’ means naturally occurring grass24 lands, forests, tropical rainforests, mangroves, 

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1 cies generated and maintained primarily 

2 through natural ecological and evolutionary 

3 processes. 

4 (B) EXCLUSION.—The term ‘‘terrestrial 

5 ecosystem’’ does not include tree plantations, 

6 such as crops of trees planted by humans pri7 marily for the purposes of harvesting. 

8 (13) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of State. 

Æ 


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