II 

Calendar No. 649 

111TH CONGRESS 

2D SESSION S. 1183 

[Report No. 111–352] 

To authorize the Secretary of Agriculture to provide assistance to the Government of Haiti to end within 5 years the deforestation in Haiti and 

restore within 30 years the extent of tropical forest cover in existence 

in Haiti in 1990, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2009 

Mr. DURBIN (for himself, Mr. BROWNBACK, Ms. COLLINS, Mr. SANDERS, Mr. 

LIEBERMAN, Mr. BURRIS, Mr. CARDIN, Mr. BROWN of Ohio, Mr. KIRK, 

Mrs. FEINSTEIN, Mr. LEAHY, Mr. DODD, Mr. LAUTENBERG, Mr. BINGAMAN, Mr. LUGAR, Mr. KERRY, Mrs. GILLIBRAND, and Mr. FEINGOLD) 

introduced the following bill; which was read twice and referred to the 

Committee on Foreign Relations 

NOVEMBER 18, 2010 

Reported by Mr. KERRY, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To authorize the Secretary of Agriculture to provide assistance to the Government of Haiti to end within 5 years 

the deforestation in Haiti and restore within 30 years 

the extent of tropical forest cover in existence in Haiti 

in 1990, and for other purposes. 


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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 ‘‘Haiti Reforestation 

5 Act of 2009’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the established policy of the Federal Gov9 ernment is to support and seek protection of tropical 

10 forests around the world; 

11 (2) tropical forests provide a wide range of ben12 efits by— 

13 (A) harboring a major portion of the bio14 logical and terrestrial resources of Earth and 

15 providing habitats for an estimated 10,000,000 

16 to 30,000,000 plant and animal species, includ17 ing species essential to medical research and 

18 agricultural productivity; 

19 (B) playing a critical role as carbon sinks 

20 that reduce greenhouse gases in the atmos21 phere, as 1 hectare of tropical forest can absorb 

22 up to approximately 3 tons of carbon dioxide 

23 per year, thus moderating potential global cli24 mate change; and 


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1 (C) regulating hydrological cycles upon 

2 which agricultural and coastal resources de3 pend; 

4 (3) tropical forests are also a key factor in re5 ducing rates of soil loss, particularly on hilly terrain; 

6 (4) while international efforts to stem the tide 

7 of tropical deforestation have accelerated during the 

8 past 2 decades, the rapid rate of tropical deforest9 ation continues unabated; 

10 (5) in 1923, over 60 percent of the land of 

11 Haiti was forested but, by 2006, that percentage 

12 had decreased to less than 2 percent; 

13 (6) during the period beginning in 2000 and 

14 ending in 2005, the deforestation rate in Haiti accel15 erated by more than 20 percent over the deforest16 ation rate in Haiti during the period beginning in 

17 1990 and ending in 1999; 

18 (7) as a result, during the period described in 

19 paragraph (6), Haiti lost— 

20 (A) nearly 10 percent (approximately 

21 11,000 hectares) of the forest cover of Haiti; 

22 and 

23 (B) approximately 22 percent of the total 

24 forest and woodland habitat of Haiti; 

25 (8) poverty and economic pressures are— 


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1 (A) two factors that underlie the tropical 

2 deforestation of Haiti; and 

3 (B) manifested particularly through the 

4 clearing of vast areas of forest for conversion to 

5 agricultural uses; 

6 (9) the unemployment rate of Haiti is approxi7 mately 80 percent; 

8 (10) the per capita income of Haiti is $450 per 

9 year, which is barely one-tenth of the per capita in10 come of Latin America and the Caribbean; 

11 (11) two-thirds of the population of Haiti de12 pend on the agricultural sector, which consists main13 ly of small-scale subsistence farming; 

14 (12) 60 percent of the population of Haiti relies 

15 on charcoal produced from cutting down trees for 

16 cooking fuel; 

17 (13) soil erosion represents the most direct ef18 fect of the deforestation of Haiti, as the erosion 

19 has— 

20 (A) lowered the productivity of the land 

21 due to the poor soils underlying the tropical for22 ests; 

23 (B) worsened the severity of droughts; 

24 (C) led to further deforestation; 


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1 (D) significantly decreased the quality and, 

2 as a result, quantity of freshwater and clean 

3 drinking water available to the population of 

4 Haiti; and 

5 (E) increased the pressure on the remain6 ing land and trees in Haiti; 

7 (14) tropical forests provide forest cover to soft8 en the effect of heavy rains and reduce erosion by 

9 anchoring the soil with their roots; 

10 (15) when trees are cleared, rainfall runs off 

11 the soil more quickly and contributes to floods and 

12 further erosion; 

13 (16) in 2004, Hurricane Jeanne struck Haiti, 

14 killing approximately 3,000, and affecting over 

15 200,000, people, partly because deforestation had re16 sulted in the clearing of large hillsides, which en17 abled rainwater to run off directly to settlements lo18 cated at the bottom of the slopes; 

19 (17) research conducted by the United Nations 

20 Environmental Programme has revealed a direct (89 

21 percent) correlation between the extent of the defor22 estation of a country and the incidence of victims 

23 per weather event in the country; 

24 (18) finding economic benefits for local commu25 nities from sustainable uses of tropical forests is 


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1 critical for the long-term protection of the tropical 

2 forests in Haiti; and 

3 (19) tropical reforestation efforts would provide 

4 new sources of jobs, income, and investments in 

5 Haiti by— 

6 (A) providing employment opportunities in 

7 tree seedling programs, contract tree planting 

8 and management, sustainable agricultural ini9 tiatives, sustainable and managed timber har10 vesting, and wood products milling and fin11 ishing services; and 

12 (B) enhancing community enterprises that 

13 generate income through the trading of sustain14 able forest resources, many of which exist on 

15 small scales in Haiti and in the rest of the re16 gion. 

17 (b) PURPOSE.—The purpose of this Act is to provide 

18 assistance to the Government of Haiti to develop and im19 plement, or improve, nationally appropriate policies and 

20 actions— 

21 (1) to reduce deforestation and forest degrada22 tion in Haiti; and 

23 (2) to increase annual rates of afforestation and 

24 reforestation in a measurable, reportable, and 

25 verifiable manner— 


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1 (A) to eliminate within 5 years after the 

2 date of enactment of this Act any further net 

3 deforestation of Haiti; and 

4 (B) to restore within 30 years after the 

5 date of enactment of this Act the forest cover 

6 of Haiti to the surface area that the forest 

7 cover had occupied in 1990. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the United 

12 States Agency for International Development. 

13 (2) AFFORESTATION.— 

14 (A) IN GENERAL.—The term 

15 ‘‘afforestation’’ means the establishment of a 

16 new forest through the seeding of, or planting 

17 of tress on, a parcel of nonforested land. 

18 (B) INCLUSION.—The term ‘‘afforestation’’ 

19 includes the introduction of a tree species to a 

20 parcel of nonforested land of which the species 

21 is not a native species. 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 


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1 TITLE I—FORESTATION ASSIST2 ANCE TO GOVERNMENT OF 

3 HAITI 

4 SEC. 101. FORESTATION ASSISTANCE. 

5 (a) AUTHORITY OF SECRETARY.— 

6 (1) IN GENERAL.—In accordance with para7 graph (2), the Secretary, in consultation with the 

8 Administrator, may offer to enter into agreements 

9 with the Government of Haiti to provide financial 

10 assistance, technology transfers, or capacity building 

11 assistance for the conduct of activities to develop 

12 and implement 1 or more forestation proposals 

13 under paragraph (2)— 

14 (A) to reduce the deforestation of Haiti; 

15 and 

16 (B) to increase the rates of afforestation 

17 and reforestation in Haiti. 

18 (2) PROPOSALS.— 

19 (A) IN GENERAL.—To be eligible for as20 sistance under paragraph (1), the Government 

21 of Haiti shall submit to the Secretary 1 or more 

22 proposals that contain— 

23 (i) a description of each policy and 

24 initiative to be carried out using the assist25 ance; and 


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1 (ii) adequate documentation to ensure, 

2 as determined by the Secretary, that— 

3 (I) each policy and initiative will 

4 be— 

5 (aa) carried out and man6 aged in accordance with widely 

7 accepted environmentally sustain8 able forestry and agricultural 

9 practices; and 

10 (bb) designed and imple11 mented in a manner by which to 

12 improve the governance of forests 

13 by building governmental capac14 ity to be more transparent, inclu15 sive, accountable, and coordi16 nated in decisionmaking proc17 esses and the implementation of 

18 the policy or initiative; and 

19 (II) the Government of Haiti will 

20 establish and enforce legal regimes, 

21 standards, and safeguards— 

22 (aa) to prevent violations of 

23 human rights and the rights of 

24 local communities and indigenous 

25 people; 


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1 (bb) to prevent harm to vul2 nerable social groups; and 

3 (cc) to ensure that members 

4 of local communities and indige5 nous people in affected areas, as 

6 partners and primary stake7 holders, will be engaged in the 

8 design, planning, implementation, 

9 monitoring, and evaluation of the 

10 policies and initiatives. 

11 (B) DETERMINATION OF COMPATIBILITY

12 WITH CERTAIN PROGRAMS.—In evaluating each 

13 proposal under subparagraph (A), the Secretary 

14 shall ensure that each policy and initiative de15 scribed in the proposal submitted by the Gov16 ernment of Haiti under that subparagraph is 

17 compatible with— 

18 (i) broader development, poverty alle19 viation, and natural resource conservation 

20 objectives and initiatives in Haiti; and 

21 (ii) the development, poverty allevi22 ation, disaster risk management, and cli23 mate resilience programs of the Depart24 ment of Agriculture. 


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1 (b) ELIGIBLE ACTIVITIES.—Any assistance received 

2 by the Government of Haiti under subsection (a)(1) shall 

3 be used to implement a proposal developed under sub4 section (a)(2), which may include— 

5 (1) the provision of technologies and associated 

6 support for activities to reduce deforestation or in7 crease afforestation and reforestation rates, includ8 ing— 

9 (A) fire reduction initiatives; 

10 (B) forest law enforcement initiatives; 

11 (C) the development of timber tracking 

12 systems; 

13 (D) the development of cooking fuel sub14 stitutes; 

15 (E) initiatives to increase agricultural pro16 ductivity; 

17 (F) tree-planting initiatives; and 

18 (G) programs that are designed to focus on 

19 market-based solutions, including programs 

20 that leverage the international carbon-offset 

21 market; 

22 (2) the enhancement and expansion of govern23 mental and nongovernmental institutional capacity 

24 to effectively design and implement a proposal develVerDate Mar 15 2010 02:39 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1183.RS S1183

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1 oped under subsection (a)(2) through initiatives, in2 cluding— 

3 (A) the establishment of transparent, ac4 countable, and inclusive decisionmaking proc5 esses relating to all stakeholders (including af6 fected local communities); 

7 (B) the promotion of enhanced coordina8 tion among ministries and agencies responsible 

9 for agroecological zoning, mapping, land plan10 ning and permitting, sustainable agriculture, 

11 forestry, and law enforcement; and 

12 (C) the clarification of land tenure and re13 source rights of affected communities, including 

14 local communities and indigenous peoples; and 

15 (3) the development and support of institutional 

16 capacity to measure, verify, and report the activities 

17 carried out by the Government of Haiti to reduce de18 forestation and increase afforestation and reforest19 ation rates through the use of appropriate methods, 

20 including— 

21 (A) the use of best practices and tech22 nologies to monitor any change in the forest 

23 cover of Haiti; 

24 (B) the monitoring of the impacts of poli25 cies and initiatives on— 


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1 (i) affected communities; 

2 (ii) the biodiversity of the environment 

3 of Haiti; and 

4 (iii) the health of the tropical forests 

5 of Haiti; and 

6 (C) independent and participatory forest 

7 monitoring. 

8 (c) DEVELOPMENT OF PERFORMANCE METRICS.— 

9 (1) IN GENERAL.—If the Secretary provides as10 sistance under subsection (a)(1), in accordance with 

11 paragraph (2), the Secretary, in cooperation with 

12 the Government of Haiti and, if necessary, in con13 sultation with the Administrator, shall develop ap14 propriate performance metrics to measure, verify, 

15 and report— 

16 (A) the conduct of each policy and initia17 tive to be carried out by the Government of 

18 Haiti; 

19 (B) the results of each policy and initiative 

20 with respect to the tropical forests of Haiti; and 

21 (C) each impact of each policy and initia22 tive on the local communities and indigenous 

23 people of Haiti. 

24 (2) REQUIREMENTS.—Performance metrics de25 veloped under paragraph (1) shall, to the maximum 


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1 extent practicable, include short-term and long-term 

2 metrics to evaluate the implementation of each pol3 icy and initiative contained in each proposal devel4 oped under subsection (a)(2). 

5 (d) REPORTS.— 

6 (1) INITIAL REPORT.—Not later than 18 

7 months after the date of enactment of this Act, the 

8 Secretary shall submit to the appropriate committees 

9 of Congress a report that describes the actions that 

10 the Secretary has taken, and plans to take— 

11 (A) to engage with the Government of 

12 Haiti, nongovernmental stakeholders, and pub13 lic and private nonprofit organizations to imple14 ment this section; and 

15 (B) to enter into agreements with the Gov16 ernment of Haiti under subsection (a)(1). 

17 (2) BIENNUAL REPORTS.—Not later than 2 

18 years after the date on which the Secretary first pro19 vides assistance to the Government of Haiti under 

20 subsection (a)(1) and biennially thereafter, the Sec21 retary shall submit to Congress a report that de22 scribes the progress of the Government of Haiti in 

23 implementing each policy and initiative contained in 

24 the proposal submitted under subsection (a)(2). 


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1 (e) ADDITIONAL ASSISTANCE.—The Secretary may 

2 provide financial and other assistance to nongovernmental 

3 stakeholders to ensure— 

4 (1) the access by local communities and indige5 nous people to information relating to each policy 

6 and initiative to be carried out by the Government 

7 of Haiti through funds made available under sub8 section (a)(1); and 

9 (2) that the groups described in paragraph (1) 

10 have an appropriate opportunity to participate effec11 tively in the design, implementation, and inde12 pendent monitoring of each policy and initiative. 

13 (f) NONGOVERNMENTAL ORGANIZATION.—At the 

14 election of the Government of Haiti, or on the determina15 tion of the Secretary, in cooperation with the Government 

16 of Haiti, the Government of Haiti may enter into an 

17 agreement with a private, nongovernmental conservation 

18 organization authorizing the organization to act on behalf 

19 of the Government of Haiti for the purposes of this sec20 tion. 

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section. 


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1 TITLE II—GRANTS FOR 

2 REFORESTATION 

3 SEC. 201. REFORESTATION GRANT PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary, in consulta5 tion with the Administrator, shall establish a grant pro6 gram to carry out the purposes of this Act, including re7 versing deforestation and improving reforestation and 

8 afforestation in Haiti. 

9 (b) GRANTS AUTHORIZED.— 

10 (1) IN GENERAL.—The Secretary is authorized 

11 to award grants and contracts to public and private 

12 nonprofit organizations to carry out projects that, in 

13 the aggregate, reverse deforestation and improve re14 forestation and afforestation. 

15 (2) MAXIMUM AMOUNT.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the Secretary may not 

18 award a grant under this section in an amount 

19 greater than $500,000 per year. 

20 (B) EXCEPTION.—The Secretary may 

21 award a grant under this section in an amount 

22 greater than $500,000 per year if the Secretary 

23 determines that the recipient of the grant has 

24 demonstrated success with respect to a project 


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1 that was the subject of a grant under this sec2 tion. 

3 (3) DURATION.—The Secretary shall award 

4 grants under this section for a period not to exceed 

5 3 years. 

6 (c) USE OF FUNDS.— 

7 (1) IN GENERAL.—Grants awarded pursuant to 

8 subsection (b) may be used for activities such as— 

9 (A) providing a financial incentive to pro10 tect trees; 

11 (B) providing hands-on management and 

12 oversight of replanting efforts; 

13 (C) focusing on sustainable income-gener14 ating growth; 

15 (D) providing seed money to start coopera16 tive reforestation and afforestation efforts and 

17 providing subsequent conditional funding for 

18 such efforts contingent upon required tree care 

19 and maintenance activities; 

20 (E) promoting widespread use of improved 

21 cooking stove technologies and the development 

22 of liquid biofuels, to the extent that neither re23 sults in the harvesting of tropical forest growth; 

24 and 


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1 (F) securing the involvement and commit2 ment of local communities and indigenous peo3 ples— 

4 (i) to protect tropical forests in exist5 ence as of the date of enactment of this 

6 Act; and 

7 (ii) to carry out afforestation and re8 forestation activities. 

9 (2) CONSISTENCY WITH PROPOSALS.—To the 

10 maximum extent practicable, a project carried out 

11 using grant funds shall support and be consistent 

12 with the proposal developed under section 101(a)(2) 

13 that is the subject of the project. 

14 (d) APPLICATION.— 

15 (1) IN GENERAL.—To be eligible for a grant 

16 under this section, an entity shall prepare and sub17 mit an application at such time, in such manner, 

18 and containing such information as the Secretary 

19 may reasonably require. 

20 (2) CONTENT.—Each application submitted 

21 under paragraph (1) shall include— 

22 (A) a description of the objectives to be at23 tained; 

24 (B) a description of the manner in which 

25 the grant funds will be used; 


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1 (C) a plan for evaluating the success of the 

2 project based on verifiable evidence; and 

3 (D) to the extent that the applicant in4 tends to use nonnative species in afforestation 

5 efforts, an explanation of the benefit of the use 

6 of nonnative species over native species. 

7 (3) PREFERENCE FOR CERTAIN PROJECTS.—In 

8 awarding grants under this section, the Secretary 

9 shall give preference to applicants that propose— 

10 (A) to develop market-based solutions to 

11 the difficulty of reforestation in Haiti, including 

12 the use of conditional cash transfers and similar 

13 financial incentives to protect reforestation ef14 forts; 

15 (B) to partner with local communities and 

16 cooperatives; and 

17 (C) to focus on efforts that build local ca18 pacity to sustain growth after the completion of 

19 the underlying grant project. 

20 (e) DISSEMINATION OF INFORMATION.—The Sec21 retary shall collect and widely disseminate information 

22 about the effectiveness of the demonstration projects as23 sisted under this section. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 202. FOREST PROTECTION GRANTS. 

5 Chapter 7 of part I of the Foreign Assistance Act 

6 of 1961 (22 U.S.C. 2281 et seq.) is amended by inserting 

7 after section 466 the following new section: 

8 ‘‘SEC. 467. PILOT PROGRAM FOR HAITI. 

9 ‘‘(a) SUBMISSION OF LIST OF AREAS OF SEVERELY

10 DEGRADED NATURAL RESOURCES.—The Administrator 

11 of the Agency for International Development, in coopera12 tion with nongovernmental conservation organizations, 

13 shall invite the Government of Haiti to submit a list of 

14 areas within the territory of Haiti in which tropical forests 

15 are seriously degraded or threatened. 

16 ‘‘(b) REVIEW OF LIST.—The Administrator shall as17 sess the list submitted by the Government of Haiti under 

18 subsection (a) and shall seek to reach agreement with the 

19 Government of Haiti for the restoration and future sus20 tainable use of those areas. 

21 ‘‘(c) GRANT PROGRAM.— 

22 ‘‘(1) GRANTS AUTHORIZED.—The Adminis23 trator of the Agency for International Development 

24 is authorized to make grants, in consultation with 

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1 ment of Agriculture and on such terms and condi2 tions as may be necessary, to nongovernmental orga3 nizations for the purchase on the open market of 

4 discounted commercial debt of the Government of 

5 Haiti in exchange for commitments by the Govern6 ment of Haiti to restore tropical forests identified by 

7 the Government under subsection (a) or for commit8 ments to develop plans for sustainable use of such 

9 tropical forests. 

10 ‘‘(2) MANAGEMENT OF PROTECTED AREAS.— 

11 Each recipient of a grant under this subsection shall 

12 participate in the ongoing management of the area 

13 or areas protected pursuant to such grant. 

14 ‘‘(3) RETENTION OF PROCEEDS.—Notwith15 standing any other provision of law, a grantee (or 

16 any subgrantee) of the grants referred to in section 

17 (a) may retain, without deposit in the Treasury of 

18 the United States and without further appropriation 

19 by Congress, interest earned on the proceeds of any 

20 resulting debt-for-nature exchange pending the dis21 bursements of such proceeds and interest for ap22 proved program purposes, which may include the es23 tablishment of an endowment, the income of which 

24 is used for such purposes. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.’’. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Haiti Reforestation Act 

6 of 2010’’. 

7 SEC. 2. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the established policy of the Federal Govern10 ment is to support and seek protection of tropical for11 ests around the world; 

12 (2) tropical forests provide a wide range of bene13 fits by— 

14 (A) harboring a major portion of the bio15 logical and terrestrial resources of Earth and 

16 providing habitats for an estimated 10,000,000 

17 to 30,000,000 plant and animal species, includ18 ing species essential to medical research and ag19 ricultural productivity; 

20 (B) playing a critical role as carbon sinks 

21 that reduce greenhouse gases in the atmosphere, 

22 as 1 hectare of tropical forest can absorb up to 

23 approximately 3 tons of carbon dioxide per year, 

24 thus moderating potential global climate change; 

25 and 


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1 (C) regulating hydrological cycles upon 

2 which agricultural and coastal resources depend; 

3 (3) tropical forests are also a key factor in reduc4 ing rates of soil loss, particularly on hilly terrain; 

5 (4) while international efforts to stem the tide of 

6 tropical deforestation have accelerated during the past 

7 2 decades, the rapid rate of tropical deforestation con8 tinues unabated; 

9 (5) in 1923, over 60 percent of the land of Haiti 

10 was forested but, by 2006, that percentage had de11 creased to less than 2 percent; 

12 (6) during the period beginning in 2000 and 

13 ending in 2005, the deforestation rate in Haiti accel14 erated by more than 20 percent over the deforestation 

15 rate in Haiti during the period beginning in 1990 

16 and ending in 1999; 

17 (7) as a result, during the period described in 

18 paragraph (6), Haiti lost— 

19 (A) nearly 10 percent (approximately 

20 11,000 hectares) of the forest cover of Haiti; and 

21 (B) approximately 22 percent of the total 

22 forest and woodland habitat of Haiti; 

23 (8) poverty and economic pressures are— 

24 (A) two factors that underlie the tropical 

25 deforestation of Haiti; and 


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1 (B) manifested particularly through the 

2 clearing of vast areas of forest for conversion to 

3 agricultural uses; 

4 (9) the unemployment rate of Haiti is approxi5 mately 80 percent; 

6 (10) the per capita income of Haiti is $450 per 

7 year, which is barely one-tenth of the per capita in8 come of Latin America and the Caribbean; 

9 (11) two-thirds of the population of Haiti de10 pend on the agricultural sector, which consists mainly 

11 of small-scale subsistence farming; 

12 (12) 60 percent of the population of Haiti relies 

13 on charcoal produced from cutting down trees for 

14 cooking fuel; 

15 (13) soil erosion represents the most direct effect 

16 of the deforestation of Haiti, as the erosion has— 

17 (A) lowered the productivity of the land due 

18 to the poor soils underlying the tropical forests; 

19 (B) worsened the severity of droughts and 

20 flooding events; 

21 (C) led to further deforestation; 

22 (D) significantly decreased the quality and, 

23 as a result, quantity of freshwater and clean 

24 drinking water available to the population of 

25 Haiti; and 


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1 (E) increased the pressure on the remaining 

2 land and trees in Haiti; 

3 (14) tropical forests provide forest cover to soften 

4 the effect of heavy rains and reduce erosion by an5 choring the soil with their roots; 

6 (15) when trees are cleared, rainfall runs off the 

7 soil more quickly and contributes to floods and fur8 ther erosion; 

9 (16) in 2004, Hurricane Jeanne struck Haiti, 

10 killing approximately 3,000, and affecting over 

11 200,000, people, partly because deforestation had re12 sulted in the clearing of large hillsides, which enabled 

13 rainwater to run off directly to settlements located at 

14 the bottom of the slopes; 

15 (17) research conducted by the United Nations 

16 Environmental Programme has revealed a direct (89 

17 percent) correlation between the extent of the deforest18 ation of a country and the incidence of victims per 

19 weather event in the country; 

20 (18) finding economic benefits for local commu21 nities from sustainable uses of tropical forests is crit22 ical for the long-term protection of the tropical forests 

23 in Haiti; and 


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1 (19) tropical reforestation efforts would provide 

2 new sources of jobs, income, and investments in Haiti 

3 by— 

4 (A) providing employment opportunities in 

5 tree seedling programs, contract tree planting 

6 and management, sustainable agricultural ini7 tiatives, sustainable and managed timber har8 vesting, and wood products milling and fin9 ishing services; and 

10 (B) enhancing community enterprises that 

11 generate income through the trading of sustain12 able forest resources, many of which exist on 

13 small scales in Haiti and in the rest of the re14 gion. 

15 (b) PURPOSE.—The purpose of this Act is to provide 

16 assistance to the Government of Haiti to develop and imple17 ment, or improve, nationally appropriate policies and ac18 tions— 

19 (1) to reduce deforestation and forest degradation 

20 in Haiti; 

21 (2) to increase annual rates of afforestation and 

22 reforestation in a measurable, reportable, and 

23 verifiable manner— 

24 (A) to restore social and economic condi25 tions for environmental recovery of 35 percent of 


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1 Haiti’s land surface area within 5 years after 

2 the date of enactment of this Act; 

3 (B) to restore within 30 years after the date 

4 of enactment of this Act the forest cover of Haiti 

5 to at least 10 percent of the land in Haiti; and 

6 (C) to establish within 10 years after the 

7 date of enactment of this Act agroforestry cover 

8 of land in Haiti to more than 25 percent; and 

9 (3) to improve sustainable resource management 

10 at the watershed scale. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the United States 

15 Agency for International Development. 

16 (2) AFFORESTATION.— 

17 (A) IN GENERAL.—The term ‘‘afforestation’’ 

18 means the establishment of a new forest through 

19 the seeding of, or planting of tress on, a parcel 

20 of nonforested land. 

21 (B) INCLUSION.—The term ‘‘afforestation’’ 

22 includes— 

23 (i) the introduction of a tree species to 

24 a parcel of nonforested land of which the 

25 species is not a native species; and 


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1 (ii) the increase of tree cover through 

2 plantations. 

3 (3) AGROFORESTRY.— 

4 (A) IN GENERAL.—The term ‘‘agroforestry’’ 

5 refers to systems in which perennial trees or 

6 shrubs are integrated with crops or livestock, and 

7 where perennials constitute a minimum 10 per8 cent of ground cover. 

9 (B) INCLUSION.—Actual forest cover result10 ing from agroforestry programs can be counted 

11 toward the total forest cover goal set forth in sec12 tion (2)(b). 

13 (4) APPROPRIATE COMMITTEES OF CONGRESS.— 

14 The term ‘‘appropriate committees of Congress’’ 

15 means— 

16 (A) the Committee on Foreign Relations 

17 and the Committee on Appropriations of the 

18 Senate; and 

19 (B) the Committee on Foreign Affairs and 

20 the Committee on Appropriations of the House of 

21 Representatives. 

22 (5) DEFORESTATION.—The term ‘‘deforestation’’ 

23 refers to the conversion of forest to another land use 

24 or the long term reduction of the tree canopy. 

25 (6) FOREST.— 


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1 (A) IN GENERAL.—The term ‘‘forest’’ means 

2 a terrestrial ecosystem containing native tree 

3 species generated and maintained primarily 

4 through natural ecological and evolutionary 

5 processes. 

6 (B) EXCLUSION.—The term ‘‘forest’’ does 

7 not include plantations, such as crops of trees 

8 planted primarily by humans for the purposes of 

9 harvesting. 

10 (7) REFORESTATION.— 

11 (A) IN GENERAL.—The term ‘‘reforestation’’ 

12 refers to the establishment of forest on lands that 

13 were previously considered as forest, but which 

14 have been deforested. 

15 (B) INCLUSION.—The term ‘‘reforestation’’ 

16 includes the increase of tree cover through plan17 tations. 

18 TITLE I—FORESTATION AND WA19 TERSHED MANAGEMENT AS20 SISTANCE TO GOVERNMENT 

21 OF HAITI 

22 SEC. 101. FORESTATION ASSISTANCE. 

23 (a) AUTHORITY.— 

24 (1) IN GENERAL.—In accordance with section 

25 117 of the Foreign Assistance Act of 1961 (22 U.S.C. 


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1 2151p) and consistent with the provisions of para2 graph (2), the President is authorized to provide as3 sistance to the Government of Haiti in the form of fi4 nancial assistance, technology transfers, or capacity 

5 building assistance for the conduct of activities to de6 velop and implement 1 or more forestation proposals 

7 under paragraph (2)— 

8 (A) to reduce the deforestation of Haiti; and 

9 (B) to increase the rates of afforestation and 

10 reforestation in Haiti. 

11 (2) PROPOSALS.— 

12 (A) IN GENERAL.—Assistance under this 

13 title may be provided to the Government of Haiti 

14 to implement one or more proposals that con15 tain— 

16 (i) a description of each policy and 

17 initiative to be carried out using the assist18 ance; 

19 (ii) adequate documentation to ensure, 

20 as determined by the President, that— 

21 (I) each policy and initiative will 

22 be— 

23 (aa) carried out and man24 aged in accordance with widely 

25 accepted environmentally sustainVerDate Mar 15 2010 02:39 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1183.RS S1183

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1 able forestry and agricultural 

2 practices; and 

3 (bb) designed and imple4 mented in a manner by which to 

5 improve the governance of forests 

6 by building governmental capac7 ity to be more transparent, inclu8 sive, accountable, and coordinated 

9 in decisionmaking processes and 

10 the implementation of the policy 

11 or initiative; and 

12 (II) the proposals will further es13 tablish and enforce legal regimes, 

14 standards, and safeguards— 

15 (aa) to prevent violations of 

16 human rights and the rights of 

17 local communities; 

18 (bb) to prevent harm to vul19 nerable social groups; and 

20 (cc) to ensure that members 

21 of local communities in affected 

22 areas, as partners and primary 

23 stakeholders, will be engaged in 

24 the design, planning, implementaVerDate Mar 15 2010 02:39 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S1183.RS S1183

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1 tion, monitoring, and evaluation 

2 of the policies and initiatives; and 

3 (iii) a description of how the proposal 

4 or proposals support and aid forest restora5 tion efforts consistent with the purpose set 

6 forth in section 2(b). 

7 (B) DETERMINATION OF COMPATIBILITY

8 WITH CERTAIN PROGRAMS.—In evaluating each 

9 proposal under subparagraph (A), the President 

10 shall ensure that each policy and initiative de11 scribed in the proposal submitted by the Govern12 ment of Haiti under that subparagraph is com13 patible with— 

14 (i) broader development, poverty allevi15 ation, and natural resource conservation ob16 jectives and initiatives in Haiti; and 

17 (ii) the development, poverty allevi18 ation, disaster risk management, and cli19 mate resilience programs of the United 

20 States Agency for International Develop21 ment. 

22 (b) ELIGIBLE ACTIVITIES.—Any assistance received by 

23 the Government of Haiti under subsection (a)(1) shall be 

24 conditional upon development and implementation of a 

25 proposal under subsection (a)(2), which may include— 


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1 (1) the provision of technologies and associated 

2 support for activities to reduce deforestation or in3 crease afforestation and reforestation rates, includ4 ing— 

5 (A) fire reduction initiatives; 

6 (B) forest law enforcement initiatives; 

7 (C) the development of timber tracking sys8 tems; 

9 (D) the development of cooking fuel sub10 stitutes; 

11 (E) initiatives to increase agricultural pro12 ductivity; 

13 (F) tree-planting initiatives; and 

14 (G) programs that are designed to focus on 

15 market-based solutions, including programs that 

16 leverage the international carbon-offset market; 

17 (2) the enhancement and expansion of govern18 mental and nongovernmental institutional capacity 

19 to effectively design and implement a proposal devel20 oped under subsection (a)(2) through initiatives, in21 cluding— 

22 (A) the establishment of transparent, ac23 countable, and inclusive decision-making proc24 esses relating to all stakeholders (including af25 fected local communities); 


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1 (B) the promotion of enhanced coordination 

2 among ministries and agencies responsible for 

3 agroecological zoning, mapping, land planning 

4 and permitting, sustainable agriculture, forestry, 

5 and law enforcement; and 

6 (C) the clarification of land tenure and re7 source rights of affected communities, including 

8 local communities; 

9 (3) the development and support of institutional 

10 capacity to measure, verify, and report the activities 

11 carried out by the Government of Haiti to reduce de12 forestation and increase afforestation and reforest13 ation rates through the use of appropriate methods, 

14 including— 

15 (A) the use of best practices and technologies 

16 to monitor land use change in Haiti, including 

17 changes in the extent of natural forest cover, pro18 tected areas, mangroves, agroforestry, and agri19 culture; 

20 (B) the monitoring of the impacts of poli21 cies and initiatives on— 

22 (i) affected communities; 

23 (ii) the biodiversity of the environment 

24 of Haiti; and 


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1 (iii) the health of the tropical forests of 

2 Haiti; and 

3 (C) independent and participatory forest 

4 monitoring; and 

5 (4) the development of and coordination with 

6 watershed restoration programs in Haiti, including— 

7 (A) agreements with the Government of 

8 Haiti, nongovernmental organizations, or pri9 vate sector partners to provide technical assist10 ance, capacity building, or technology transfers 

11 which support the environmental recovery of 

12 Haiti’s watersheds through forest restoration ac13 tivities, provided that the assistance will help 

14 strengthen economic drivers of sustainable re15 source management, reduce environmental vul16 nerability, and improve governance, planning, 

17 and community action of watersheds in Haiti; 

18 (B) actions to support economic incentives 

19 for sustainable resource management, may in20 cluding enhanced incentives for the replacement 

21 of annual hillside cropping with perennial and 

22 non-erosive production systems; 

23 (C) enhanced extension services supporting 

24 the sustainable intensification of agriculture to 


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1 increase farmer incomes and reduce pressure on 

2 degraded land; and 

3 (D) investments in watershed infrastructure 

4 to reduce environmental vulnerability, including 

5 the establishment of appropriate erosion control 

6 measures through reforestation activities in tar7 geted watersheds or sub-watersheds. 

8 (c) DEVELOPMENT OF PERFORMANCE METRICS.— 

9 (1) IN GENERAL.—If the President provides as10 sistance under subsection (a)(1), the President, in co11 operation with the Government of Haiti, shall develop 

12 appropriate performance metrics to measure, verify, 

13 and report— 

14 (A) the conduct of each policy and initia15 tive to be carried out by the Government of 

16 Haiti; 

17 (B) the results of each policy and initiative 

18 with respect to the tropical forests of Haiti; and 

19 (C) each impact of each policy and initia20 tive on the local communities of Haiti. 

21 (2) REQUIREMENTS.—Performance metrics de22 veloped under paragraph (1) shall, to the maximum 

23 extent practicable, include short-term and long-term 

24 metrics to evaluate the implementation of each policy 


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1 and initiative contained in each proposal developed 

2 under subsection (a)(2). 

3 (d) REPORTS.— 

4 (1) INITIAL REPORT.—Not later than 18 months 

5 after the date of enactment of this Act, the President 

6 shall submit to the appropriate committees of Con7 gress a report that describes the actions that the 

8 President has taken, and plans to take— 

9 (A) to engage with the Government of 

10 Haiti, nongovernmental stakeholders, and public 

11 and private nonprofit organizations to imple12 ment this section; and 

13 (B) to enter into agreements with the Gov14 ernment of Haiti under subsection (a)(1). 

15 (2) BIENNIAL REPORTS.—Not later than 2 years 

16 after the date on which the President first provides 

17 assistance to the Government of Haiti under sub18 section (a)(1) and biennially thereafter, the President 

19 shall submit to Congress a report that describes the 

20 progress of the Government of Haiti in implementing 

21 each policy and initiative contained in the proposal 

22 submitted under subsection (a)(2). 

23 (e) ADDITIONAL ASSISTANCE.—The President is au24 thorized to provide financial and other assistance to the 


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1 Government of Haiti, local government bodies, or non2 governmental organizations for the purpose of— 

3 (1) providing local communities information re4 lating to each policy and initiative to be carried out 

5 by the Government of Haiti through funds made 

6 available under subsection (a)(1); 

7 (2) promoting effective participation by local 

8 communities in the design, implementation, and 

9 independent monitoring of each policy and initiative; 

10 and 

11 (3) promoting, consistent with supporting the 

12 sustainability of forestation activities, enhanced wa13 tershed governance, national planning, and commu14 nity action programs that lead to increased— 

15 (A) development of a national watershed 

16 management policy for Haiti with the Inter17 Ministerial Committee for Land Management, 

18 the Ministry of Environment, Ministry of Agri19 culture, and the Ministry of Planning and Ex20 ternal Cooperation; 

21 (B) establishment of an effective forum for 

22 donor coordination related to management and 

23 reforestation in Haiti; 

24 (C) support for the National Center for 

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1 nology, data, and monitoring support for im2 proved watershed and forest resource manage3 ment at a national scale in Haiti; and 

4 (D) development of effective governance 

5 structures in Haiti for stakeholder engagement, 

6 coordination of approaches, and land use plan7 ning and disaster mitigation at the watershed 

8 scale. 

9 TITLE II—GRANTS FOR 

10 REFORESTATION 

11 SEC. 201. REFORESTATION GRANT PROGRAM. 

12 (a) ESTABLISHMENT.—The President is authorized to 

13 establish a grant program to carry out the purposes of this 

14 Act, including reversing deforestation and improving refor15 estation and afforestation in Haiti. 

16 (b) GRANTS AUTHORIZED.— 

17 (1) IN GENERAL.—The President is authorized to 

18 award grants and contracts to carry out projects that, 

19 in the aggregate, reverse deforestation and improve re20 forestation and afforestation. 

21 (2) MAXIMUM AMOUNT.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the President may not award 

24 a grant under this section in an amount greater 

25 than $500,000 per year. 


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1 (B) EXCEPTION.—The President may 

2 award a grant under this section in an amount 

3 greater than $500,000 per year if the President 

4 determines that the recipient of the grant has 

5 demonstrated success with respect to a project 

6 that was the subject of a grant under this sec7 tion. 

8 (3) DURATION.—The President shall award 

9 grants under this section for a period not to exceed 

10 3 years. 

11 (c) USE OF FUNDS.— 

12 (1) IN GENERAL.—Grants awarded pursuant to 

13 subsection (b) may be used for activities such as— 

14 (A) providing a financial incentive to pro15 tect trees; 

16 (B) providing hands-on management and 

17 oversight of replanting efforts; 

18 (C) focusing on sustainable income-gener19 ating growth; 

20 (D) providing seed money to start coopera21 tive reforestation and afforestation efforts and 

22 providing subsequent conditional funding for 

23 such efforts contingent upon required tree care 

24 and maintenance activities; 


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1 (E) promoting widespread use of improved 

2 cooking stove technologies, to the extent that this 

3 does not result in the harvesting of tropical forest 

4 growth and other renewable fuel technologies that 

5 reduce deforestation and improve human health; 

6 and 

7 (F) securing the involvement and commit8 ment of local communities— 

9 (i) to protect tropical forests in exist10 ence as of the date of enactment of this Act; 

11 and 

12 (ii) to carry out afforestation and re13 forestation activities. 

14 (2) CONSISTENCY WITH PROPOSALS.—To the 

15 maximum extent practicable, a project carried out 

16 using grant funds shall support and be consistent 

17 with the proposal developed under section 101(a)(2) 

18 that is the subject of the project. 

19 (d) APPLICATION.— 

20 (1) IN GENERAL.—To be eligible for a grant 

21 under this section, an entity shall prepare and submit 

22 an application at such time, in such manner, and 

23 containing such information as the President may 

24 reasonably require. 


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1 (2) CONTENT.—Each application submitted 

2 under paragraph (1) should be consistent with the 

3 findings of the 2007 United States Agency for Inter4 national Development report entitled, ‘‘Environ5 mental Vulnerability in Haiti: Findings and Rec6 ommendations’’, and shall include— 

7 (A) a description of the objectives to be at8 tained; 

9 (B) a description of the manner in which 

10 the grant funds will be used; 

11 (C) a plan for evaluating the success of the 

12 project based on verifiable evidence; and 

13 (D) to the extent that the applicant intends 

14 to use nonnative species in afforestation efforts, 

15 an explanation of the benefit of the use of non16 native species over native species and 

17 verification that the species to be used are not 

18 invasive. 

19 (3) PREFERENCE FOR CERTAIN PROJECTS.—In 

20 awarding grants under this section, preference shall 

21 be given to applicants that propose— 

22 (A) to develop market-based solutions to the 

23 difficulty of reforestation in Haiti, including the 

24 use of conditional cash transfers and similar fi25 nancial incentives to protect reforestation efforts; 


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1 (B) to partner with local communities and 

2 cooperatives; and 

3 (C) to focus on efforts that build local ca4 pacity to sustain growth after the completion of 

5 the underlying grant project. 

6 (e) DISSEMINATION OF INFORMATION.—The President 

7 shall collect and widely disseminate information about the 

8 effectiveness of the demonstration projects assisted under 

9 this section. 

10 SEC. 202. FOREST PROTECTION GRANTS. 

11 Chapter 7 of part I of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2281 et seq.) is amended by inserting after 

13 section 466 the following new section: 

14 ‘‘SEC. 467. PILOT PROGRAM FOR HAITI. 

15 ‘‘(a) SUBMISSION OF LIST OF AREAS OF SEVERELY

16 DEGRADED NATURAL RESOURCES.—The Administrator of 

17 the Agency for International Development, in cooperation 

18 with nongovernmental conservation organizations, shall in19 vite the Government of Haiti to submit a list of areas with20 in the territory of Haiti in which tropical forests are seri21 ously degraded or threatened. 

22 ‘‘(b) REVIEW OF LIST.—The Administrator shall as23 sess the list submitted by the Government of Haiti under 

24 subsection (a) and shall seek to reach agreement with the 


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1 Government of Haiti for the restoration and future sustain2 able use of those areas. 

3 ‘‘(c) GRANT PROGRAM.— 

4 ‘‘(1) GRANTS AUTHORIZED.—The Administrator 

5 of the Agency for International Development is au6 thorized to make grants, in consultation with the 

7 International Forestry Division of the Department of 

8 Agriculture and on such terms and conditions as may 

9 be necessary, to nongovernmental organizations for 

10 the purchase on the open market of discounted com11 mercial debt of the Government of Haiti in exchange 

12 for commitments by the Government of Haiti to re13 store tropical forests identified by the Government 

14 under subsection (a) or for commitments to develop 

15 plans for sustainable use of such tropical forests. 

16 ‘‘(2) MANAGEMENT OF PROTECTED AREAS.— 

17 Each recipient of a grant under this subsection shall 

18 participate in the ongoing management of the area or 

19 areas protected pursuant to such grant. 

20 ‘‘(3) RETENTION OF PROCEEDS.—Notwith21 standing any other provision of law, a grantee (or 

22 any subgrantee) of the grants referred to in section 

23 (a) may retain, without deposit in the Treasury of 

24 the United States and without further appropriation 

25 by Congress, interest earned on the proceeds of any 


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1 resulting debt-for-nature exchange pending the dis2 bursements of such proceeds and interest for approved 

3 program purposes, which may include the establish4 ment of an endowment, the income of which is used 

5 for such purposes. 

6 ‘‘(4) TERMINATION OF PROGRAM.—The authority 

7 to make grants under the pilot program shall termi8 nate five years after the date of the enactment of this 

9 Act. The authority may be renewed for one additional 

10 five-year period during the 30-year reforestation pe11 riod targeted by this Act if the Administrator deter12 mines and certifies to Congress that the pilot program 

13 is effective in meeting the goals of the Act and the 

14 commitment of the Government of Haiti to returning 

15 land in Haiti to long-term sustainable forests. The 

16 cumulative duration of the pilot program may not ex17 ceed ten total years.’’. 

18 TITLE III—ADMINISTRATIVE 

19 PROVISION 

20 SEC. 301. DELEGATION. 

21 The President may delegate authorities and duties 

22 under this Act to the Administrator or the Secretary of 

23 State, as appropriate. 

Amend the title so as to read: ‘‘A bill to authorize 

the President to provide assistance to the Government of 


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Haiti to reduce deforestation and forest degradation in 

Haiti, and for other purposes.’’. 


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Calendar No. 649 

111TH CONGRESS 

2D SESSION S. 1183 

[Report No. 111–352] 

A BILL 

To authorize the Secretary of Agriculture to proother purposes. est cover in existence in Haiti in 1990, and for restore within 30 years the extent of tropical for- end within 5 years the deforestation in Haiti and vide assistance to the Government of Haiti to 

NOVEMBER 18, 2010 

Reported with an amendment and an amendment to the 

title 


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