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 protected and conserved areas, 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 ‘‘United States Founda5 tion for International Conservation Act of 2023’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Appropriations of 

7 the Senate; 

8 (B) the Committee on Foreign Relations of 

9 the Senate; 

10 (C) the Committee on Appropriations of 

11 the House of Representatives; and 

12 (D) the Committee on Foreign Affairs of 

13 the House of Representatives. 

14 (2) BOARD.—The term ‘‘Board’’ means the 

15 Board of Directors established pursuant to section 

16 4(a). 

17 (3) DIRECTOR.—The term ‘‘Director’’ means— 

18 (A) an initial member of the Board ap19 pointed pursuant to section 4(a)(2)(C); or 

20 (B) a member of the Board selected to fill 

21 a vacancy pursuant to section 4(a)(3)(B). 

22 (4) ELIGIBLE COUNTRY.—The term ‘‘eligible 

23 country’’ means any of the countries described in 

24 section 7(b). 


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1 (5) ELIGIBLE PROJECT.—The term ‘‘eligible 

2 project’’ means any of the projects described in sec3 tion 7(a)(2). 

4 (6) EXECUTIVE DIRECTOR.—The term ‘‘Execu5 tive Director’’ means the Executive Director of the 

6 Foundation hired pursuant to section 4(b). 

7 (7) FOUNDATION.—The term ‘‘Foundation’’ 

8 means the United States Foundation for Inter9 national Conservation established pursuant to sec10 tion 3(a). 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of State. 

13 SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL 

14 CONSERVATION. 

15 (a) ESTABLISHMENT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary shall establish the United States Foundation 

19 for International Conservation. 

20 (2) INDEPENDENCE.—The Foundation is not 

21 an agency or instrumentality of the United States 

22 Government. 

23 (3) TAX-EXEMPT STATUS.—The Board shall 

24 take all necessary and appropriate steps to ensure 

25 that the Foundation is an organization described in 


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1 subsection (c) of section 501 of the Internal Revenue 

2 Code of 1986, which exempts the organization from 

3 taxation under subsection (a) of such section. 

4 (4) TERMINATION OF OPERATIONS.—The 

5 Foundation shall terminate operations on the date 

6 that is 10 years after the date on which it is estab7 lished pursuant to paragraph (1). 

8 (b) PURPOSES.—The purposes of the Foundation 

9 are— 

10 (1) to promote effective, long-term management 

11 of protected and conserved areas and their contig12 uous buffer zones in eligible countries; 

13 (2) to advocate for, incentivize, accept, and ad14 minister governmental and nongovernmental funds, 

15 including donations from the private sector, to in16 crease the availability and predictability of financing 

17 for long-term management of protected and con18 served areas; 

19 (3) to close critical gaps in public international 

20 conservation efforts by— 

21 (A) increasing private sector investment, 

22 including investments from philanthropic enti23 ties; and 


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1 (B) collaborating with partners providing 

2 bilateral and multilateral financing to support 

3 enhanced coordination; 

4 (4) to identify and financially support imple5 mentation-ready projects— 

6 (A) that promote long-term management 

7 of protected and conserved areas and their con8 tiguous buffer zones in eligible countries, in9 cluding supporting the management of terres10 trial, coastal, freshwater, and marine protected 

11 areas, parks, community conservancies, indige12 nous reserves, conservation easements, and bio13 logical reserves; and 

14 (B) that provide effective area-based con15 servation measures, consistent with internation16 ally recognized best practices and standards for 

17 environmental and social safeguards; and 

18 (5) to coordinate with, and otherwise support 

19 and assist, foreign governments, private sector enti20 ties, local communities, Indigenous Peoples, and 

21 other stakeholders in undertaking biodiversity con22 servation activities— 

23 (A) to achieve sustainable biodiversity con24 servation outcomes; and 


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1 (B) to improve local security, governance, 

2 food security, and economic opportunities. 

3 SEC. 4. GOVERNANCE OF THE FOUNDATION. 

4 (a) BOARD OF DIRECTORS.— 

5 (1) GOVERNANCE.—The Foundation shall be 

6 governed by a Board of Directors. 

7 (2) COMPOSITION.— 

8 (A) IN GENERAL.—The Board shall be 

9 composed of— 

10 (i) the Directors described in subpara11 graph (B); and 

12 (ii) Appointed Directors described in 

13 subparagraph (C). 

14 (B) DIRECTORS.—The following individ15 uals, or designees of such individuals, shall 

16 serve as Directors: 

17 (i) The Secretary of State. 

18 (ii) The Administrator of the United 

19 States Agency for International Develop20 ment. 

21 (iii) The Secretary of the Interior. 

22 (iv) The Chief of the United States 

23 Forest Service. 

24 (v) The Administrator of the National 

25 Oceanic and Atmospheric Administration. 


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1 (C) APPOINTED DIRECTORS.—The Sec2 retary, in consultation with the other Directors 

3 described in subparagraph (B), shall appoint, 

4 as Directors of the Board— 

5 (i) 4 private-sector committed donors; 

6 and 

7 (ii) 5 independent experts who rep8 resent diverse points of view, to the max9 imum extent practicable. 

10 (D) QUALIFICATIONS.—Each independent 

11 expert appointed pursuant to subparagraph (C) 

12 shall be knowledgeable and experienced in mat13 ters relating to— 

14 (i) international development; 

15 (ii) protected area management and 

16 the conservation of global biodiversity, fish 

17 and wildlife, ecosystem restoration, adapta18 tion, and resilience; and 

19 (iii) grantmaking in support of inter20 national conservation. 

21 (E) CHAIRPERSON.—The Board shall 

22 elect, from among its Directors, a Chairperson, 

23 who shall serve for a 2-year term. 

24 (3) TERMS; VACANCIES.— 

25 (A) TERMS.— 


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1 (i) IN GENERAL.—The term of service 

2 of each Director appointed pursuant to 

3 paragraph (2)(C) shall be not more than 5 

4 years. 

5 (ii) INITIAL APPOINTED DIRECTORS.— 

6 Of the initial Directors appointed pursuant 

7 to paragraph (2)(C)— 

8 (I) 5 Directors, including at least 

9 2 private-sector committed donors, 

10 shall serve for 4 years; and 

11 (II) 4 Directors shall serve for 5 

12 years, as determined by the Chair13 person of the Board. 

14 (B) VACANCIES.—Any vacancy in the 

15 membership of the appointed Directors of the 

16 Board— 

17 (i) shall be filled in accordance with 

18 the bylaws of the Foundation by a private19 sector committed donor or an independent 

20 expert who meets the qualifications under 

21 subparagraph (C)(ii)(A), as applicable, as 

22 represented by the vacating Director; 

23 (ii) shall not affect the power of the 

24 remaining appointed Directors to execute 

25 the duties of the Board; and 


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1 (iii) shall be filled by an individual se2 lected by the Board. 

3 (4) QUORUM.—A majority of the current mem4 bership of the Board shall constitute a quorum for 

5 the transaction of Foundation business. 

6 (5) MEETINGS.— 

7 (A) IN GENERAL.—The Board shall meet 

8 at the call of the Chairperson not less fre9 quently than annually. 

10 (B) INITIAL MEETING.—Not later than 60 

11 days after the Board is established pursuant to 

12 section 3(a), the Secretary shall convene a 

13 meeting of the ex-officio Directors and the ap14 pointed Directors of the Board to incorporate 

15 the Foundation. 

16 (C) REMOVAL.—Any Director who misses 

17 3 consecutive regularly scheduled meetings may 

18 be removed from the Board. 

19 (6) REIMBURSEMENT OF EXPENSES.—Directors 

20 of the Board shall serve without pay, but may be re21 imbursed for the actual and necessary traveling and 

22 subsistence expenses incurred in the performance of 

23 the duties of the Foundation. 

24 (7) NOT FEDERAL EMPLOYEES.—Appointment 

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1 ployment by, or the holding of an office of, the 

2 United States for purposes of any Federal law. 

3 (8) DUTIES.—The Board shall— 

4 (A) establish bylaws for the Foundation in 

5 accordance with paragraph (9); 

6 (B) provide overall direction for the activi7 ties of the Foundation and establish priority ac8 tivities; 

9 (C) carry out any other necessary activities 

10 of the Foundation; 

11 (D) evaluate the performance of the Exec12 utive Director; and 

13 (E) not less frequently than annually, con14 sult and coordinate with stakeholders qualified 

15 to provide advice, assistance, and information 

16 regarding effective protected and conserved 

17 area management. 

18 (9) BYLAWS.— 

19 (A) IN GENERAL.—The bylaws established 

20 pursuant to paragraph (8)(A) may include— 

21 (i) policies for the selection of Direc22 tors of the Board and officers, employees, 

23 agents, and contractors of the Foundation; 

24 (ii) policies, including ethical stand25 ards, for— 


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1 (I) the acceptance, solicitation, 

2 and disposition of donations and 

3 grants to the Foundation; and 

4 (II) the disposition of assets of 

5 the Foundation; 

6 (iii) policies that subject all employ7 ees, fellows, trainees, and other agents of 

8 the Foundation (including ex-officio Direc9 tors and appointed Directors of the Board) 

10 to conflict of interest standards; and 

11 (iv) the specific duties of the Execu12 tive Director. 

13 (B) REQUIREMENTS.—The Board shall en14 sure that the bylaws of the Foundation and the 

15 activities carried out under such bylaws do 

16 not— 

17 (i) reflect unfavorably on the ability of 

18 the Foundation to carry out activities in a 

19 fair and objective manner; or 

20 (ii) compromise, or appear to com21 promise, the integrity of any governmental 

22 agency or program, or any officer or em23 ployee employed by, or involved in, a gov24 ernmental agency or program. 


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1 (b) EXECUTIVE DIRECTOR.—The Board shall hire an 

2 Executive Director of the Foundation, who shall serve, at 

3 the pleasure of the Board, as the Chief Executive Officer 

4 of the Foundation. 

5 (c) FOUNDATION STAFF.—Officers and employees of 

6 the Foundation— 

7 (1) may not be employees of, or hold any office 

8 in, the United States Government; and 

9 (2) shall be appointed without regard to the 

10 provisions of— 

11 (A) title 5, United States Code, governing 

12 appointments in the competitive service; and 

13 (B) chapter 51 and subchapter III of chap14 ter 53 of such title, relating to classification 

15 and General Schedule pay rates. 

16 (d) LIMITATION AND CONFLICTS OF INTERESTS.— 

17 (1) POLITICAL PARTICIPATION.—The Founda18 tion may not participate or intervene in any political 

19 campaign on behalf of any candidate for public of20 fice in any country. 

21 (2) FINANCIAL INTERESTS.—Any Director of 

22 the Board or officer or employee of the Foundation 

23 is prohibited from participating, directly or indi24 rectly, in the consideration or determination of any 

25 question before the Foundation affecting— 


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1 (A) the financial interests of such Director, 

2 officer, or employee; and 

3 (B) the interests of any corporation, part4 nership, entity, or organization in which such 

5 Director, officer, or employee has any fiduciary 

6 obligation or direct or indirect financial inter7 est. 

8 SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE 

9 FOUNDATION. 

10 (a) GENERAL AUTHORITY.— 

11 (1) IN GENERAL.—The Foundation— 

12 (A) shall have perpetual succession unless 

13 dissolved by an Act of Congress; 

14 (B) may conduct business throughout the 

15 States, territories, and possessions of the 

16 United States and in foreign countries; 

17 (C) shall have its principal offices in the 

18 Washington, DC metropolitan area; and 

19 (D) shall continuously maintain a des20 ignated agent in Washington, DC who is au21 thorized to accept notice or service of process 

22 on behalf of the Foundation. 

23 (2) NOTICE AND SERVICE OF PROCESS.—The 

24 serving of notice to, or service of process upon, the 

25 agent referred to in paragraph (1)(D), or mailed to 


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1 the business address of such agent, shall be deemed 

2 as service upon, or notice to, the Foundation. 

3 (3) SEAL.—The Foundation shall have an offi4 cial seal, which shall be selected by the Board and 

5 judicially noticed. 

6 (b) AUTHORITIES.—In addition to powers explicitly 

7 authorized under this Act, the Foundation, in order to 

8 carry out the purposes described in section 3(b), shall have 

9 the usual powers of a corporation headquartered in Wash10 ington, DC, including the authority— 

11 (1) to accept, receive, solicit, hold, administer, 

12 and use any gift, devise, or bequest, either absolutely 

13 or in trust, or real or personal property or any in14 come derived from such gift or property, or other in15 terest in such gift or property; 

16 (2) to acquire by donation, gift, devise, pur17 chase, or exchange any real or personal property or 

18 interest in such property; 

19 (3) unless otherwise required by the instrument 

20 of transfer, to sell, donate, lease, invest, reinvest, re21 tain, or otherwise dispose of any property or income 

22 derived from such property; 

23 (4) to borrow money and issue bonds, deben24 tures, or other debt instruments; 


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1 (5) to complain and defend itself in any court 

2 of competent jurisdiction (except that the Directors 

3 of the Board shall not be personally liable, except for 

4 gross negligence); 

5 (6) to enter into contracts or other arrange6 ments with public agencies, private organizations, 

7 and persons and to make such payments as may be 

8 necessary to carry out the purposes of such con9 tracts or arrangements; and 

10 (7) to award grants for eligible projects, in ac11 cordance with section 7. 

12 (c) PROPERTY INTERESTS.— 

13 (1) INTEREST IN REAL PROPERTY.—In this 

14 subsection, the term ‘‘interest in real property’’ in15 cludes— 

16 (A) mineral and water rights; 

17 (B) rights of way; and 

18 (C) easements appurtenant or in gross. 

19 (2) IN GENERAL.—The Foundation may ac20 quire, hold, and dispose of lands, waters, and other 

21 interests in real property by donation, gift, devise, 

22 purchase, or exchange. 

23 (3) LIMITS TO PROPERTY RIGHTS.—A gift, de24 vise, or bequest may be accepted by the Foundation 

25 even though it is encumbered, restricted, or subject 


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1 to beneficial interests of private persons if any cur2 rent or future interest therein is for the benefit of 

3 the Foundation. 

4 (d) FEDERAL FUNDS.— 

5 (1) IN GENERAL.—The Foundation may— 

6 (A) hold Federal funds made available, but 

7 not immediately disbursed; and 

8 (B) use any interest or other investment 

9 income earned on such Federal funds to carry 

10 out the purposes of the Foundation under this 

11 Act. 

12 (2) LIMITATION.—Investments made pursuant 

13 to paragraph (1)(B) may only be made in— 

14 (A) interest-bearing obligations of the 

15 United States; or 

16 (B) obligations guaranteed as to both prin17 cipal and interest by the United States. 

18 (e) LIMITATION OF PUBLIC LIABILITY.—The United 

19 States shall not be liable for any debts, defaults, acts, or 

20 omissions of the Foundation. 

21 SEC. 6. SAFEGUARDS AND ACCOUNTABILITY. 

22 (a) SAFEGUARDS.—The Foundation shall develop, 

23 and incorporate into any agreement for support provided 

24 by the Foundation, appropriate safeguards, policies, and 

25 guidelines, consistent with internationally recognized best 


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1 practices and standards for environmental and social safe2 guards. 

3 (b) INDEPENDENT ACCOUNTABILITY MECHANISM.— 

4 (1) IN GENERAL.—The Foundation shall estab5 lish a transparent and independent accountability 

6 mechanism, which shall provide— 

7 (A) a compliance review function that as8 sesses whether Foundation-supported projects 

9 adhere to the requirements developed pursuant 

10 to subsection (a); 

11 (B) a dispute resolution function for re12 solving concerns between complainants and 

13 project implementers regarding the impacts of 

14 specific Foundation-supported projects with re15 spect to such standards; and 

16 (C) an advisory function that reports to 

17 the Foundation on projects, policies, and prac18 tices. 

19 (2) DUTIES.—The accountability mechanism 

20 shall— 

21 (A) report annually to the Board and to 

22 the appropriate congressional committees re23 garding the Foundation’s compliance with inter24 nationally recognized best practices and stand25 ards in accordance with paragraph (1)(A); 


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1 (B)(i) have permanent staff to conduct 

2 compliance reviews and dispute resolutions; or 

3 (ii) maintain a roster of experts to serve 

4 such roles, to the extent needed; and 

5 (C) hold a public comment period lasting 

6 not fewer than 60 days regarding the initial de7 sign of the accountability mechanism. 

8 SEC. 7. PROJECTS AND GRANTS. 

9 (a) PROJECT FUNDING REQUIREMENTS.— 

10 (1) IN GENERAL.—The Foundation shall— 

11 (A) fund eligible projects that support its 

12 mission to provide long-term funding for the ef13 fective management of protected and conserved 

14 areas and their contiguous buffer zones in eligi15 ble countries; and 

16 (B) recognize the importance of a land17 scape or seascape approach to conservation that 

18 includes buffer zones, wildlife dispersal and cor19 ridor areas, and other effective area-based con20 servation measures. 

21 (2) ELIGIBLE PROJECTS.—Eligible projects 

22 shall include projects that— 

23 (A) focus on supporting— 

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1 uous buffer zones in countries described in 

2 subsection (b), including terrestrial, coast3 al, and marine-protected or conserved 

4 areas, parks, community conservancies, in5 digenous reserves, conservation easements, 

6 and biological reserves; and 

7 (ii) other effective area-based con8 servation measures; 

9 (B) are cost-matched from sources other 

10 than the United States Government; 

11 (C) have host country and local population 

12 support, as evidenced by a long-term binding 

13 memorandum of understanding signed by the 

14 host government that respects free, prior, and 

15 informed consent of affected communities; 

16 (D) incorporate a set of key performance 

17 indicators; 

18 (E) demonstrate robust local community 

19 engagement, with the completion of appropriate 

20 environmental and social due diligence, includ21 ing— 

22 (i) free, prior, and informed consent 

23 of Indigenous Peoples and consultation 

24 with relevant local communities; 


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1 (ii) equitable governance structures; 

2 and 

3 (iii) effective grievance mechanisms; 

4 (F) create economic opportunities for local 

5 communities, through activities such as— 

6 (i) equity and profit-sharing; 

7 (ii) employment activities; and 

8 (iii) other economic growth activities; 

9 (G) provide stable baseline funding for the 

10 effective management of the protected or con11 served area project; 

12 (H) are implementation ready; and 

13 (I) where possible, demonstrate a plan to 

14 strengthen the capacity of, and transfer skills 

15 to, local institutions to manage the protected or 

16 conserved area before or after grant funding is 

17 exhausted. 

18 (b) ELIGIBLE COUNTRIES.— 

19 (1) IN GENERAL.—Before awarding any grants 

20 or entering into any project agreements for a given 

21 fiscal year, the Board shall conduct a review of 

22 countries in which the Foundation shall be eligible 

23 to fund projects to determine which countries— 

24 (A) are low-income, lower-middle-income, 

25 or upper-middle-income economies (as defined 


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1 by the International Bank for Reconstruction 

2 and Development and the International Devel3 opment Association; 

4 (B) have— 

5 (i) a high degree of biological diver6 sity; or 

7 (ii) species or ecosystems of signifi8 cant importance; and 

9 (C) have demonstrated a commitment to 

10 conservation through actions, such as protecting 

11 lands and waters through the gazettement of 

12 national parks, community conservancies, ma13 rine reserves and protected areas, forest re14 serves, and other legally recognized forms of 

15 place-based conservation. 

16 (2) IDENTIFICATION OF ELIGIBLE COUN17 TRIES.—Not later than 5 days after the date on 

18 which the Board determines which countries are eli19 gible countries for a given fiscal year, the Executive 

20 Director shall— 

21 (A) submit a report to the appropriate con22 gressional committees that includes— 

23 (i) a list of all such eligible countries; 

24 and 


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1 (ii) a justification for such eligibility 

2 determinations; and 

3 (B) publish the information contained in 

4 the report described in paragraph (A) in the 

5 Federal Register. 

6 (c) GRANTMAKING.— 

7 (1) IN GENERAL.—In order to maximize its 

8 program effects, the Foundation should— 

9 (A) seek to coordinate with other inter10 national public and private donors to the extent 

11 possible; 

12 (B) seek additional financial and non13 financial contributions and commitments for its 

14 projects from host governments; and 

15 (C) strive to generate a partnership men16 tality among all participants, including public 

17 and private funders, host governments, local 

18 protected areas authorities, and private and 

19 nongovernmental organization partners. 

20 (2) GRANT CRITERIA.—Foundation grants— 

21 (A) shall fund the management of well-de22 fined protected or conserved areas and the sys23 tems of such conservation areas in eligible 

24 countries; 


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1 (B) should provide adequate baseline fund2 ing for at least 10 years, without replacing or 

3 duplicating existing baseline funding, for each 

4 protected and conserved area and the system 

5 that supports that area in an amount sufficient 

6 to maintain the effective management of the 

7 area over the long term; 

8 (C) should, during the grant period, dem9 onstrate progress in achieving clearly identified 

10 key performance indicators (as defined in the 

11 grant agreement), which may include— 

12 (i) the protection of biological diver13 sity; 

14 (ii) the protection of native flora and 

15 habitats, such as trees, forests, grasslands, 

16 mangroves, coral reefs, and sea grass; 

17 (iii) community-based economic 

18 growth indicators, such as improved land 

19 tenure, increases in beneficiaries partici20 pating in economic growth activities, and 

21 sufficient income from conservation activi22 ties being directed to communities in 

23 project areas; 

24 (iv) improved management of the pro25 tected or conserved area covered by the 


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1 project, as documented through the sub2 mission of strategic plans or annual re3 ports to the Foundation; and 

4 (v) the identification of additional rev5 enue sources or sustainable financing 

6 mechanisms to meet the recurring costs of 

7 management of the protected or conserved 

8 areas; and 

9 (D) may be terminated if the Board deter10 mines that the project is not meeting applicable 

11 requirements under this Act or making progress 

12 in achieving the key performance indicators de13 fined in the grant agreement. 

14 SEC. 8. PROHIBITION OF SUPPORT IN COUNTRIES THAT 

15 SUPPORT TERRORISM OR VIOLATE HUMAN 

16 RIGHTS AND OF SUPPORT FOR SANCTIONED 

17 PERSONS. 

18 (a) IN GENERAL.—The Foundation may not provide 

19 support for any government, or any entity owned or con20 trolled by a government, if the Secretary has determined 

21 that such government— 

22 (1) has repeatedly provided support for acts of 

23 international terrorism, as determined under— 


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1 (A) section 1754(c)(1)(A)(i) of the Export 

2 Control Reform Act of 2018 (subtitle B of title 

3 XVII of Public Law 115–232); 

4 (B) section 620A(a) of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2371(a)); 

6 (C) section 40(d) of the Arms Export Con7 trol Act (22 U.S.C. 2780(d)); or 

8 (D) any other relevant provision of law; or 

9 (2) has engaged in a consistent pattern of gross 

10 violations of internationally recognized human 

11 rights, as determined under section 116(a) or 

12 502B(a)(2) of the Foreign Assistance Act of 1961 

13 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other 

14 relevant provision of law. 

15 (b) PROHIBITION OF SUPPORT FOR SANCTIONED

16 PERSONS.—The Foundation may not engage in any deal17 ing prohibited under United States sanctions laws or regu18 lations, including dealings with persons on the list of spe19 cially designated persons and blocked persons maintained 

20 by the Office of Foreign Assets Control of the Department 

21 of the Treasury, except to the extent otherwise authorized 

22 by the Secretary or by the Secretary of the Treasury. 

23 (c) PROHIBITION OF SUPPORT FOR ACTIVITIES SUB24 JECT TO SANCTIONS.—The Foundation shall require any 

25 person receiving support to certify that such person, and 


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1 any entity owned or controlled by such person, is in com2 pliance with all United States sanctions laws and regula3 tions. 

4 SEC. 9. ANNUAL REPORT. 

5 Not later than 360 days after the date of the enact6 ment of this Act, and annually thereafter while the Foun7 dation continues to operate, the Executive Director of the 

8 Foundation shall submit a report to the appropriate con9 gressional committees that describes— 

10 (1) the goals of the Foundation; 

11 (2) the programs, projects, and activities sup12 ported by the Foundation; 

13 (3) private and governmental contributions to 

14 the Foundation; and 

15 (4) the standardized criteria utilized to deter16 mine the programs and activities supported by the 

17 Foundation, including baselines, targets, desired out18 comes, measurable goals, and extent to which those 

19 goals are being achieved for each project. 

20 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There are authorized to be appro22 priated to the Foundation $100,000,000 for each of the 

23 fiscal years 2024 through 2033 to carry out the purposes 

24 of this Act. 


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1 (b) COST MATCHING REQUIREMENT.—Amounts ap2 propriated pursuant to subsection (a) may only be made 

3 available to grantees to the extent such grantees secure 

4 funding for an eligible project from sources other than the 

5 United States Government in an amount that is not less 

6 than the amount received in grants for such project pursu7 ant to section 7. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This Act may be cited as the 

10 ‘‘United States Foundation for International Conservation 

11 Act of 2024’’. 

12 (b) TABLE OF CONTENTS.—The table of contents for 

13 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. United States Foundation for International Conservation. 

Sec. 4. Governance of the Foundation. 

Sec. 5. Corporate powers and obligations of the Foundation. 

Sec. 6. Safeguards and accountability. 

Sec. 7. Projects and grants. 

Sec. 8. Prohibition of support for certain governments. 

Sec. 9. Annual report. 

Sec. 10. Authorization of appropriations. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional commit18 tees’’ means— 

19 (A) the Committee on Foreign Relations of 

20 the Senate; 


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1 (B) the Committee on Appropriations of the 

2 Senate; 

3 (C) the Committee on Foreign Affairs of the 

4 House of Representatives; and 

5 (D) the Committee on Appropriations of the 

6 House of Representatives. 

7 (2) BOARD.—The term ‘‘Board’’ means the 

8 Board of Directors established pursuant to section 

9 4(a). 

10 (3) ELIGIBLE COUNTRY.—The term ‘‘eligible 

11 country’’ means any country described in section 

12 7(b). 

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

14 project’’ means any project described in section 

15 7(a)(2). 

16 (5) EXECUTIVE DIRECTOR.—The term ‘‘Execu17 tive Director’’ means the Executive Director of the 

18 Foundation hired pursuant to section 4(b). 

19 (6) FOUNDATION.—The term ‘‘Foundation’’ 

20 means the United States Foundation for Inter21 national Conservation established pursuant to section 

22 3(a). 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of State. 


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1 SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL 

2 CONSERVATION. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 the date of the enactment of this Act, the Secretary 

6 shall establish the United States Foundation for 

7 International Conservation (referred to in this Act as 

8 the ‘‘Foundation’’), which shall be operated as a char9 itable, nonprofit corporation. 

10 (2) INDEPENDENCE.—The Foundation is not an 

11 agency or instrumentality of the United States Gov12 ernment. 

13 (3) TAX-EXEMPT STATUS.—The Board shall take 

14 all necessary and appropriate steps to ensure that the 

15 Foundation is an organization described in subsection 

16 (c) of section 501 of the Internal Revenue Code of 

17 1986, which exempt the organization from taxation 

18 under subsection (a) of such section. 

19 (4) TERMINATION OF OPERATIONS.—The Foun20 dation shall terminate operations on the date that is 

21 10 years after the date on which the Foundation be22 comes operational, in accordance with— 

23 (A) a plan for winding down the activities 

24 of the Foundation that the Board shall submit to 

25 the appropriate congressional committees not 


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1 later than 180 days before such termination 

2 date; and 

3 (B) the bylaws established pursuant to sec4 tion 4(b)(13). 

5 (b) PURPOSES.—The purposes of the Foundation 

6 are— 

7 (1) to provide grants for the responsible manage8 ment of designated priority primarily protected and 

9 conserved areas in eligible countries that have a high 

10 degree of biodiversity or species and ecosystems of sig11 nificant ecological value; 

12 (2) to promote responsible, long-term manage13 ment of primarily protected and conserved areas and 

14 their contiguous buffer zones; 

15 (3) to incentivize, leverage, accept, and effectively 

16 administer governmental and nongovernmental funds, 

17 including donations from the private sector, to in18 crease the availability and predictability of financing 

19 for responsible, long-term management of primarily 

20 protected and conserved areas in eligible countries; 

21 (4) to help close critical gaps in public inter22 national conservation efforts in eligible countries 

23 by— 


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1 (A) increasing private sector investment, in2 cluding investments from philanthropic entities; 

3 and 

4 (B) collaborating with partners providing 

5 bilateral and multilateral financing to support 

6 enhanced coordination, including public and 

7 private funders, partner governments, local pro8 tected areas authorities, and private and non9 governmental organization partners; 

10 (5) to identify and financially support viable 

11 projects that— 

12 (A) promote responsible, long-term manage13 ment of primarily protected and conserved areas 

14 and their contiguous buffer zones in eligible 

15 countries, including support for the management 

16 of terrestrial, coastal, freshwater, and marine 

17 protected areas, parks, community conservancies, 

18 Indigenous reserves, conservation easements, and 

19 biological reserves; and 

20 (B) provide effective area-based conservation 

21 measures, consistent with best practices and 

22 standards for environmental and social safe23 guards; and 

24 (6) to coordinate with, consult, and otherwise 

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1 ties, local communities, Indigenous Peoples, and other 

2 stakeholders in eligible countries in undertaking bio3 diversity conservation activities— 

4 (A) to achieve measurable and enduring 

5 biodiversity conservation outcomes; and 

6 (B) to improve local security, governance, 

7 food security, and economic opportunities. 

8 (c) PLAN OF ACTION.— 

9 (1) IN GENERAL.—Not later than 6 months after 

10 the establishment of the Foundation, the Executive 

11 Director shall submit for approval from the Board an 

12 initial 3-year Plan of Action to implement the pur13 poses of this Act, including— 

14 (A) a description of the priority actions to 

15 be undertaken by the Foundation over the pro16 ceeding 3-year period, including a timeline for 

17 implementation of such priority actions; 

18 (B) descriptions of the processes and cri19 teria by which— 

20 (i) eligible countries, in which eligible 

21 projects may be selected to receive assistance 

22 under this Act, will be identified; 

23 (ii) grant proposals for Foundation ac24 tivities in eligible countries will be devel25 oped, evaluated, and selected; and 


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1 (iii) grant implementation will be 

2 monitored and evaluated; 

3 (C) the projected staffing and budgetary re4 quirements of the Foundation during the pro5 ceeding 3-year period. 

6 (D) a plan to maximize commitments from 

7 private sector entities to fund the Foundation. 

8 (2) SUBMISSION.—The Executive Director shall 

9 submit the initial Plan of Action to the appropriate 

10 congressional committees not later than 5 days after 

11 the Plan of Action is approved by the Board. 

12 (3) UPDATES.—The Executive Director shall an13 nually update the Plan of Action and submit each 

14 such updated plan to the appropriate congressional 

15 committees not later that 5 days after the update plan 

16 is approved by the Board. 

17 SEC. 4. GOVERNANCE OF THE FOUNDATION. 

18 (a) EXECUTIVE DIRECTOR.—There shall be in the 

19 Foundation an Executive Director, who— 

20 (1) shall manage the Foundation; and 

21 (2) shall report to, and be under the direct au22 thority, of the Board. 

23 (b) BOARD OF DIRECTORS.— 

24 (1) GOVERNANCE.—The Foundation shall be gov25 erned by a Board of Directors, which— 


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1 (A) shall perform the functions specified to 

2 be carried out by the Board under this Act; and 

3 (B) may prescribe, amend, and repeal by4 laws, rules, regulations, and procedures gov5 erning the manner in which the business of the 

6 Foundation may be conducted and in which the 

7 powers granted to it by law may be exercised. 

8 (2) MEMBERSHIP.—The Board shall be composed 

9 of— 

10 (A) the Secretary of State, the Adminis11 trator of the United States Agency for Inter12 national Development, the Secretary of the Inte13 rior, the Chief of the United States Forest Serv14 ice, and the Administrator of the National Oce15 anic and Atmospheric Administration, or the 

16 Senate-confirmed designees of such officials; and 

17 (B) 8 other individuals, who shall be ap18 pointed by the Secretary, in consultation with 

19 the members of the Board described in subpara20 graph (A), the Speaker and Minority Leader of 

21 the House of Representatives, and the President 

22 Pro Tempore and Minority Leader of the Senate, 

23 of whom— 


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1 (i) 4 members shall be private-sector 

2 donors making financial contributions to 

3 the Foundation; and 

4 (ii) 4 members shall be independent ex5 perts who, in addition to meeting the quali6 fication requirements described in para7 graph (3), represent diverse points of view 

8 and diverse geographies, to the maximum 

9 extent practicable. 

10 (3) QUALIFICATIONS.—Each member of the 

11 Board appointed pursuant to paragraph (2)(B) shall 

12 be knowledgeable and experienced in matters relating 

13 to— 

14 (A) international development; 

15 (B) protected area management and the 

16 conservation of global biodiversity, fish and wild17 life, ecosystem restoration, adaptation, and resil18 ience; and 

19 (C) grantmaking in support of inter20 national conservation. 

21 (4) POLITICAL AFFILIATION.—Not more than 5 

22 of the members appointed to the Board pursuant to 

23 paragraph (2)(B) may be affiliated with the same po24 litical party. 


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1 (5) CONFLICTS OF INTEREST.—Any individual 

2 with business interests, financial holdings, or control3 ling interests in any entity that has sought support, 

4 or is receiving support, from the Foundation may not 

5 be appointed to the Board during the 5-year period 

6 immediately preceding such appointment. 

7 (6) CHAIRPERSON.—The Board shall elect, from 

8 among its members, a Chairperson, who shall serve 

9 for a 2-year term. 

10 (7) TERMS; VACANCIES.— 

11 (A) TERMS.— 

12 (i) IN GENERAL.—The term of service 

13 of each member of the Board appointed pur14 suant to paragraph (2)(B) shall be not more 

15 than 5 years. 

16 (ii) INITIAL APPOINTED DIRECTORS.— 

17 Of the initial members of the Board ap18 pointed pursuant to paragraph (2)(B)— 

19 (I) 4 members, including at least 

20 2 private-sector donors making finan21 cial contributions to the Foundation, 

22 shall serve for 4 years; and 

23 (II) 4 members shall serve for 5 

24 years, as determined by the Chair25 person of the Board. 


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1 (B) VACANCIES.—Any vacancy in the 

2 Board— 

3 (i) shall be filled in the manner in 

4 which the original appointment was made; 

5 and 

6 (ii) shall not affect the power of the re7 maining appointed members of the Board to 

8 execute the duties of the Board. 

9 (8) QUORUM.—A majority of the current mem10 bership of the Board, including the Secretary or the 

11 Secretary’s designee, shall constitute a quorum for the 

12 transaction of Foundation business. 

13 (9) MEETINGS.— 

14 (A) IN GENERAL.—The Board shall meet 

15 not less frequently than annually at the call of 

16 the Chairperson. Such meetings may be in per17 son, virtual, or hybrid. 

18 (B) INITIAL MEETING.—Not later than 60 

19 days after the Board is established pursuant to 

20 section 3(a), the Secretary of State shall convene 

21 a meeting of the ex-officio members of the Board 

22 and the appointed members of the Board to in23 corporate the Foundation. 

24 (C) REMOVAL.—Any member of the Board 

25 appointed pursuant to paragraph (2)(B) who 


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1 misses 3 consecutive regularly scheduled meetings 

2 may be removed by a majority vote of the Board. 

3 (10) REIMBURSEMENT OF EXPENSES.— 

4 (A) IN GENERAL.—Members of the Board 

5 shall serve without pay, but may be reimbursed 

6 for the actual and necessary traveling and sub7 sistence expenses incurred in the performance of 

8 the duties of the Foundation. 

9 (B) LIMITATION.—Expenses incurred out10 side the United States may be reimbursed under 

11 this paragraph if at least 2 members of the 

12 Board concurrently incurred such expenses. Such 

13 reimbursements— 

14 (i) shall be available exclusively for ac15 tual costs incurred by members of the Board 

16 up to the published daily per diem rate for 

17 lodging, meals, and incidentals; and 

18 (ii) shall not include first-class, busi19 ness-class, or travel in any class other than 

20 Economy Class or Coach Class. 

21 (C) OTHER EXPENSES.—All other expenses, 

22 including salaries for officers and staff of the 

23 Foundation, shall be established by a majority 

24 vote of the Board, as proposed by the Executive 

25 Director on no less than an annual basis. 


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1 (11) NOT FEDERAL EMPLOYEES.—Appointment 

2 as a member of the Board and employment by the 

3 Foundation does not constitute employment by, or the 

4 holding of an office of, the United States for purposes 

5 of any Federal law. 

6 (12) DUTIES.—The Board shall— 

7 (A) establish bylaws for the Foundation in 

8 accordance with paragraph (13); 

9 (B) provide overall direction for the activi10 ties of the Foundation and establish priority ac11 tivities; 

12 (C) carry out any other necessary activities 

13 of the Foundation; 

14 (D) evaluate the performance of the Execu15 tive Director; 

16 (E) take steps to limit the administrative 

17 expenses of the Foundation; and 

18 (F) not less frequently than annually, con19 sult and coordinate with stakeholders qualified to 

20 provide advice, assistance, and information re21 garding effective protected and conserved area 

22 management. 

23 (13) BYLAWS.— 


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1 (A) IN GENERAL.—The bylaws required to 

2 be established under paragraph (12)(A) shall in3 clude— 

4 (i) the specific duties of the Executive 

5 Director; 

6 (ii) policies and procedures for the se7 lection of members of the Board and officers, 

8 employees, agents, and contractors of the 

9 Foundation; 

10 (iii) policies, including ethical stand11 ards, for— 

12 (I) the acceptance, solicitation, 

13 and disposition of donations and 

14 grants to the Foundation; and 

15 (II) the disposition of assets of the 

16 Foundation upon the dissolution of the 

17 Foundation; 

18 (iv) policies that subject all imple19 menting partners, employees, fellows, train20 ees, and other agents of the Foundation (in21 cluding ex-officio members of the Board and 

22 appointed members of the Board) to strin23 gent ethical and conflict of interest stand24 ards; 


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1 (v) removal and exclusion procedures 

2 for implementing partners, employees, fel3 lows, trainees, and other agents of the Foun4 dation (including ex-officio members of the 

5 Board and appointed members of the 

6 Board) who fail to uphold the ethical and 

7 conflict of interest standards established 

8 pursuant to clause (iii); 

9 (vi) policies for winding down the ac10 tivities of the Foundation upon its dissolu11 tion, including a plan— 

12 (I) to return unspent appropria13 tions to the Treasury of the United 

14 States; and 

15 (II) to donate unspent private 

16 and philanthropic contributions to 

17 projects that align with the goals and 

18 requirements described in section 7; 

19 (vii) policies for vetting implementing 

20 partners and grantees to ensure the Foun21 dation does not provide grants to for profit 

22 entities whose primary objective is activities 

23 other than conservation activities; and 

24 (viii) clawback policies and procedures 

25 to be incorporated into grant agreements to 


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1 ensure compliance with the policies referred 

2 to in clause (vii). 

3 (B) REQUIREMENTS.—The Board shall en4 sure that the bylaws of the Foundation and the 

5 activities carried out under such bylaws do 

6 not— 

7 (i) reflect unfavorably on the ability of 

8 the Foundation to carry out activities in a 

9 fair and objective manner; or 

10 (ii) compromise, or appear to com11 promise, the integrity of any governmental 

12 agency or program, or any officer or em13 ployee employed by, or involved in, a gov14 ernmental agency or program. 

15 (c) FOUNDATION STAFF.—Officers and employees of 

16 the Foundation— 

17 (1) may not be employees of, or hold any office 

18 in, the United States Government; 

19 (2) may not serve in the employ of any non20 governmental organization, project, or person related 

21 to or affiliated with any grantee of the Foundation 

22 while employed by the Foundation; 

23 (3) may not receive compensation from any 

24 other source for work performed in carrying out the 


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1 duties of the Foundation while employed by the Foun2 dation; and 

3 (4) should not receive a salary at a rate that is 

4 greater than the maximum rate of basic pay author5 ized for positions at level I of the Executive Schedule 

6 under section 5312 of title 5, United States Code. 

7 (d) LIMITATION AND CONFLICTS OF INTERESTS.— 

8 (1) POLITICAL PARTICIPATION.—The Foundation 

9 may not— 

10 (A) lobby for political or policy issues; or 

11 (B) participate or intervene in any polit12 ical campaign in any country. 

13 (2) FINANCIAL INTERESTS.—As determined by 

14 the Board and set forth in the bylaws established pur15 suant to subsection (b)(13), and consistent with best 

16 practices, any member of the Board or officer or em17 ployee of the Foundation shall be prohibited from 

18 participating, directly or indirectly, in the consider19 ation or determination of any question before the 

20 Foundation affecting— 

21 (A) the financial interests of such member 

22 of the Board, or officer or employee of the Foun23 dation, not including such member’s Foundation 

24 expenses and compensation; and 


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1 (B) the interests of any corporation, part2 nership, entity, or organization in which such 

3 member of the Board, officer, or employee has 

4 any fiduciary obligation or direct or indirect fi5 nancial interest. 

6 (3) RECUSALS.—Any member of the Board that 

7 has a business, financial, or familial interest in an 

8 organization or community seeking support from the 

9 Foundation shall recuse himself or herself from all de10 liberations, meetings, and decisions concerning the 

11 consideration and decision relating to such support. 

12 (4) PROJECT INELIGIBILITY.—The Foundation 

13 may not provide support to individuals or entities 

14 with business, financial, or familial ties to— 

15 (A) a current member of the Board; or 

16 (B) a former member of the Board during 

17 the 5-year period immediately following the last 

18 day of the former member’s term on the Board. 

19 SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE 

20 FOUNDATION. 

21 (a) GENERAL AUTHORITY.— 

22 (1) IN GENERAL.—The Foundation— 

23 (A) may conduct business in foreign coun24 tries; 


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1 (B) shall have its principal offices in the 

2 Washington, DC, metropolitan area; and 

3 (C) shall continuously maintain a des4 ignated agent in Washington, DC, who is au5 thorized to accept notice or service of process on 

6 behalf of the Foundation. 

7 (2) NOTICE AND SERVICE OF PROCESS.—The 

8 serving of notice to, or service of process upon, the 

9 agent referred to in paragraph (1)(C), or mailed to 

10 the business address of such agent, shall be deemed as 

11 service upon, or notice to, the Foundation. 

12 (3) AUDITS.—The Foundation shall be subject to 

13 the general audit authority of the Comptroller Gen14 eral of the United States under section 3523 of title 

15 31, United States Code. 

16 (b) AUTHORITIES.—In addition to powers explicitly 

17 authorized under this Act, the Foundation, in order to carry 

18 out the purposes described in section 3(b), shall have the 

19 usual powers of a corporation headquartered in Wash20 ington, DC, including the authority— 

21 (1) to accept, receive, solicit, hold, administer, 

22 and use any gift, devise, or bequest, either absolutely 

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1 terest in such gift or property located in the United 

2 States; 

3 (2) to acquire by donation, gift, devise, purchase, 

4 or exchange any real or personal property or interest 

5 in such property located in the United States; 

6 (3) unless otherwise required by the instrument 

7 of transfer, to sell, donate, lease, invest, reinvest, re8 tain, or otherwise dispose of any property or income 

9 derived from such property located in the United 

10 States; 

11 (4) to complain and defend itself in any court 

12 of competent jurisdiction (except that the members of 

13 the Board shall not be personally liable, except for 

14 gross negligence); 

15 (5) to enter into contracts or other arrangements 

16 with public agencies, private organizations, and per17 sons and to make such payments as may be necessary 

18 to carry out the purposes of such contracts or ar19 rangements; and 

20 (6) to award grants for eligible projects, in ac21 cordance with section 7. 

22 (c) LIMITATION OF PUBLIC LIABILITY.—The United 

23 States shall not be liable for any debts, defaults, acts, or 

24 omissions of the Foundation. The Federal Government shall 


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1 be held harmless from any damages or awards ordered by 

2 a court against the Foundation. 

3 SEC. 6. SAFEGUARDS AND ACCOUNTABILITY. 

4 (a) SAFEGUARDS.—The Foundation shall develop, and 

5 incorporate into any agreement for support provided by the 

6 Foundation, appropriate safeguards, policies, and guide7 lines, consistent with United States law and best practices 

8 and standards for environmental and social safeguards. 

9 (b) INDEPENDENT ACCOUNTABILITY MECHANISM.— 

10 (1) IN GENERAL.—The Secretary, or the Sec11 retary’s designee, shall establish a transparent and 

12 independent accountability mechanism, consistent 

13 with best practices, which shall provide— 

14 (A) a compliance review function that as15 sesses whether Foundation-supported projects ad16 here to the requirements developed pursuant to 

17 subsection (a); 

18 (B) a dispute resolution function for resolv19 ing and remedying concerns between complain20 ants and project implementers regarding the im21 pacts of specific Foundation-supported projects 

22 with respect to such standards; and 

23 (C) an advisory function that reports to the 

24 Board on projects, policies, and practices. 


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1 (2) DUTIES.—The accountability mechanism 

2 shall— 

3 (A) report annually to the Board and the 

4 appropriate congressional committees regarding 

5 the Foundation’s compliance with best practices 

6 and standards in accordance with paragraph 

7 (1)(A) and the nature and resolution of any 

8 complaint; 

9 (B)(i) have permanent staff, led by an inde10 pendent accountability official, to conduct com11 pliance reviews and dispute resolutions and per12 form advisory functions; and 

13 (ii) maintain a roster of experts to serve 

14 such roles, to the extent needed; and 

15 (C) hold a public comment period lasting 

16 not fewer than 60 days regarding the initial de17 sign of the accountability mechanism. 

18 (c) INTERNAL ACCOUNTABILITY.—The Foundation 

19 shall establish an ombudsman position at a senior level of 

20 executive staff as a confidential, neutral source of informa21 tion and assistance to anyone affected by the activities of 

22 the Foundation. 

23 (d) ANNUAL REVIEW.—The Secretary shall, periodi24 cally, but not less frequent than annually, review assistance 

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1 menting section 3(b) to ensure consistency with the provi2 sions under section 620M of Foreign Assistance Act of 1961 

3 (22 U.S.C. 2378d). 

4 SEC. 7. PROJECTS AND GRANTS. 

5 (a) PROJECT FUNDING REQUIREMENTS.— 

6 (1) IN GENERAL.—The Foundation shall— 

7 (A) provide grants to support eligible 

8 projects described in paragraph (3) that advance 

9 its mission to enable effective management of 

10 primarily protected and conserved areas and 

11 their contiguous buffer zones in eligible countries; 

12 (B) advance effective landscape or seascape 

13 approaches to conservation that include buffer 

14 zones, wildlife dispersal and corridor areas, and 

15 other effective area-based conservation measures; 

16 and 

17 (C) not purchase, own, or lease land, in18 cluding conservation easements, in eligible coun19 tries. 

20 (2) ELIGIBLE ENTITIES.—Eligible entities shall 

21 include— 

22 (A) not-for-profit organizations with dem23 onstrated expertise in protected and conserved 

24 area management and economic development; 


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1 (B) governments of eligible partner coun2 tries, as determined by subsection (b), with the 

3 exception of governments and government enti4 ties that are prohibited from receiving grants 

5 from the Foundation pursuant to section 8; and 

6 (C) Indigenous and local communities in 

7 such eligible countries. 

8 (3) ELIGIBLE PROJECTS.—Eligible projects shall 

9 include projects that— 

10 (A) focus on supporting— 

11 (i) transparent and effective long-term 

12 management of primarily protected or con13 served areas and their contiguous buffer 

14 zones in countries described in subsection 

15 (b), including terrestrial, coastal, and ma16 rine protected or conserved areas, parks, 

17 community conservancies, Indigenous re18 serves, conservation easements, and biologi19 cal reserves; and 

20 (ii) other effective area-based conserva21 tion measures; 

22 (B) are cost-matched at a ratio of not less 

23 than $2 from sources other than the United 

24 States for every $1 made available under this 

25 Act; 


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1 (C) are subject to long-term binding memo2 randa of understanding with the governments of 

3 eligible countries and local communities— 

4 (i) to ensure that local populations 

5 have access, resource management respon6 sibilities, and the ability to pursue permis7 sible, sustainable economic activity on af8 fected lands; and 

9 (ii) that may be signed by governments 

10 in such eligible countries to ensure free, 

11 prior, and informed consent of affected com12 munities; 

13 (D) incorporate a set of key performance 

14 and impact indicators; 

15 (E) demonstrate robust local community en16 gagement, with the completion of appropriate en17 vironmental and social due diligence, includ18 ing— 

19 (i) free, prior, and informed consent of 

20 Indigenous Peoples and relevant local com21 munities; 

22 (ii) inclusive governance structures; 

23 and 

24 (iii) effective grievance mechanisms; 


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1 (F) create economic opportunities for local 

2 communities, including through— 

3 (i) equity and profit-sharing; 

4 (ii) cooperative management of natural 

5 resources; 

6 (iii) employment activities; and 

7 (iv) other related economic growth ac8 tivities; 

9 (G) leverage stable baseline funding for the 

10 effective management of the primarily protected 

11 or conserved area project; and 

12 (H) to the extent possible— 

13 (i) are viable and prepared for imple14 mentation; and 

15 (ii) demonstrate a plan to strengthen 

16 the capacity of, and transfer skills to, local 

17 institutions to manage the primarily pro18 tected or conserved area before or after 

19 grant funding is exhausted. 

20 (b) ELIGIBLE COUNTRIES.— 

21 (1) IN GENERAL.—Pursuant to the Plan of Ac22 tion required under section 3(c), and before awarding 

23 any grants or entering into any project agreements 

24 for any fiscal year, the Board shall conduct a review 

25 to identify eligible countries in which the Foundation 


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1 may fund projects. Such review shall consider coun2 tries that— 

3 (A) are low-income, lower middle-income, or 

4 upper-middle-income economies (as defined by 

5 the International Bank for Reconstruction and 

6 Development and the International Development 

7 Association); 

8 (B) have— 

9 (i) a high degree of threatened or at10 risk biological diversity; or 

11 (ii) species or ecosystems of significant 

12 importance, including threatened or endan13 gered species or ecosystems at risk of deg14 radation or destruction; 

15 (C) have demonstrated a commitment to 

16 conservation through verifiable actions, such as 

17 protecting lands and waters through the 

18 gazettement of national parks, community con19 servancies, marine reserves and protected areas, 

20 forest reserves, or other legally recognized forms 

21 of place-based conservation; and 

22 (D) are not ineligible to receive United 

23 States foreign assistance pursuant to any other 

24 provision of law, including laws identified in 

25 section 8. 


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1 (2) IDENTIFICATION OF ELIGIBLE COUNTRIES.— 

2 Not later than 5 days after the date on which the 

3 Board determines which countries are eligible to re4 ceive assistance under this Act for a fiscal year, the 

5 Executive Director shall— 

6 (A) submit a report to the appropriate con7 gressional committees that includes— 

8 (i) a list of all such eligible countries, 

9 as determined through the review process 

10 described in paragraph (1); and 

11 (ii) a detailed justification for each 

12 such eligibility determination, including— 

13 (I) an analysis of why the eligible 

14 country would be suitable for partner15 ship; 

16 (II) an evaluation of the eligible 

17 partner country’s interest in and abil18 ity to participate meaningfully in pro19 posed Foundation activities, including 

20 an evaluation of such eligible country’s 

21 prospects to substantially benefit from 

22 Foundation assistance; 

23 (III) an estimation of each such 

24 eligible partner country’s commitment 

25 to conservation; and 


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1 (IV) an assessment of the capacity 

2 and willingness of the eligible country 

3 to enact or implement reforms that 

4 might be necessary to maximize the 

5 impact and effectiveness of Foundation 

6 support; and 

7 (B) publish the information contained in 

8 the report described in subparagraph (A) in the 

9 Federal Register. 

10 (c) GRANTMAKING.— 

11 (1) IN GENERAL.—In order to maximize pro12 gram effectiveness, the Foundation shall— 

13 (A) coordinate with other international 

14 public and private donors to the greatest extent 

15 practicable and appropriate; 

16 (B) seek additional financial and non17 financial contributions and commitments for its 

18 projects from governments in eligible countries; 

19 (C) strive to generate a partnership men20 tality among all participants, including public 

21 and private funders, host governments, local pro22 tected areas authorities, and private and non23 governmental organization partners; 


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1 (D) prioritize investments in communities 

2 with low levels of economic development to the 

3 greatest extent practicable and appropriate; and 

4 (E) consider the eligible partner country’s 

5 planned and dedicated resources to the proposed 

6 project and the eligible entity’s ability to success7 fully implement the project. 

8 (2) GRANT CRITERIA.—Foundation grants— 

9 (A) shall fund eligible projects that enhance 

10 the management of well-defined primarily pro11 tected or conserved areas and the systems of such 

12 conservation areas in eligible countries; 

13 (B) should support adequate baseline fund14 ing for eligible projects in eligible countries to be 

15 sustained for not less than 10 years; 

16 (C) should, during the grant period, dem17 onstrate progress in achieving clearly defined key 

18 performance indicators (as defined in the grant 

19 agreement), which may include— 

20 (i) the protection of biological diver21 sity; 

22 (ii) the protection of native flora and 

23 habitats, such as trees, forests, wetlands, 

24 grasslands, mangroves, coral reefs, and sea 

25 grass; 


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1 (iii) community-based economic growth 

2 indicators, such as improved land tenure, 

3 increases in beneficiaries participating in 

4 related economic growth activities, and suf5 ficient income from conservation activities 

6 being directed to communities in project 

7 areas; 

8 (iv) improved management of the pri9 marily protected or conserved area covered 

10 by the project, as documented through the 

11 submission of strategic plans or annual re12 ports to the Foundation; and 

13 (v) the identification of additional rev14 enue sources or sustainable financing mech15 anisms to meet the recurring costs of man16 agement of the primarily protected or con17 served areas; and 

18 (D) shall be terminated if the Board deter19 mines that the project is not— 

20 (i) meeting applicable requirements 

21 under this Act; or 

22 (ii) making progress in achieving the 

23 key performance indicators defined in the 

24 grant agreement. 


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1 SEC. 8. PROHIBITION OF SUPPORT FOR CERTAIN GOVERN2 MENTS. 

3 (a) IN GENERAL.—The Foundation may not provide 

4 support for any government, or any entity owned or con5 trolled by a government, if the Secretary has determined 

6 that such government— 

7 (1) has repeatedly provided support for acts of 

8 international terrorism, as determined under— 

9 (A) section 1754(c)(1)(A)(i) of the Export 

10 Control Reform Act of 2018 (22 U.S.C. 

11 4813(c)(1)(A)(i)); 

12 (B) section 620A(a) of the Foreign Assist13 ance Act of 1961 (22 U.S.C. 2371(a)); 

14 (C) section 40(d) of the Arms Export Con15 trol Act (22 U.S.C. 2780(d)); or 

16 (D) any other relevant provision of law; 

17 (2) has been identified pursuant to section 

18 116(a) or 502B(a)(2) of the Foreign Assistance Act of 

19 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any 

20 other relevant provision of law; or 

21 (3) has failed the ‘‘control of corruption’’ indi22 cator, as determined by the Millennium Challenge 

23 Corporation, within any of the preceding 3 years of 

24 the intended grant; 

25 (b) PROHIBITION OF SUPPORT FOR SANCTIONED PER26 SONS.—The Foundation may not engage in any dealing 


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1 prohibited under United States sanctions laws or regula2 tions, including dealings with persons on the list of spe3 cially designated persons and blocked persons maintained 

4 by the Office of Foreign Assets Control of the Department 

5 of the Treasury, except to the extent otherwise authorized 

6 by the Secretary or by the Secretary of the Treasury. 

7 (c) PROHIBITION OF SUPPORT FOR ACTIVITIES SUB8 JECT TO SANCTIONS.—The Foundation shall require any 

9 person receiving support to certify that such person, and 

10 any entity owned or controlled by such person, is in compli11 ance with all United States sanctions laws and regulations. 

12 SEC. 9. ANNUAL REPORT. 

13 Not later than 360 days after the date of the enactment 

14 of this Act, and annually thereafter while the Foundation 

15 continues to operate, the Executive Director of the Founda16 tion shall submit a report to the appropriate congressional 

17 committees that describes— 

18 (1) the goals of the Foundation; 

19 (2) the programs, projects, and activities sup20 ported by the Foundation; 

21 (3) private and governmental contributions to 

22 the Foundation; and 

23 (4) the standardized criteria utilized to deter24 mine the programs and activities supported by the 

25 Foundation, including baselines, targets, desired outVerDate Sep 11 2014 06:20 May 08, 2024 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S618.RS S618

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1 comes, measurable goals, and extent to which those 

2 goals are being achieved for each project. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) AUTHORIZATION.—In addition to amounts author5 ized to be appropriated to carry out international conserva6 tion and biodiversity programs under part I and chapter 

7 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 

8 2151 et seq.), and subject to the limitations set forth in sub9 sections (b) and (c), there is authorized to be appropriated 

10 to the Foundation to carry out the purposes of this Act— 

11 (1) $1,000,000 for fiscal year 2025; and 

12 (2) not more than $100,000,000 for each of the 

13 fiscal years 2026 through 2034. 

14 (b) COST MATCHING REQUIREMENT.—Amounts ap15 propriated pursuant to subsection (a) may only be made 

16 available to grantees to the extent the Foundation or such 

17 grantees secure funding for an eligible project from sources 

18 other than the United States Government in an amount 

19 that is not less than twice the amount received in grants 

20 for such project pursuant to section 7. 

21 (c) ADMINISTRATIVE COSTS.—The administrative 

22 costs of the Foundation shall come from sources other than 

23 the United States Government. 

24 (d) PROHIBITION ON USE OF GRANT AMOUNTS FOR

25 LOBBYING EXPENSES.—Amounts provided as a grant by 


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1 the Foundation pursuant to section 7 may not be used for 

2 any activity intended to influence legislation pending before 

3 the Congress of the United States. 


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Calendar No. 368 

118TH CONGRESS 

2D SESSION S. 618 

A BILL 

To establish the United States Foundation for 

and for other purposes. management of protected and conserved areas, International Conservation to promote long-term 

MAY 7, 2024 

Reported with an amendment 


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