II 

111TH CONGRESS 

1ST SESSION S. 345 

To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal 

year 2012, to rename the Tropical Forest Conservation Act of 1998 

as the ‘‘Tropical Forest and Coral Conservation Act of 2009’’, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2009 

Mr. LUGAR (for himself, Mr. KERRY, Mr. BROWNBACK, Mr. LEAHY, and Mr. 

KAUFMAN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To reauthorize the Tropical Forest Conservation Act of 1998 

through fiscal year 2012, to rename the Tropical Forest 

Conservation Act of 1998 as the ‘‘Tropical Forest and 

Coral Conservation Act of 2009’’, and for other purposes. 

1 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 ‘‘Tropical Forest and 

5 Coral Conservation Reauthorization Act of 2009’’. 


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1 SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOM2 PASS EXPANDED SCOPE. 

3 (a) IN GENERAL.—Section 801 of the Tropical For4 est Conservation Act of 1998 (Public Law 87–195; 22 

5 U.S.C. 2151 note) is amended by striking ‘‘Tropical For6 est Conservation Act of 1998’’ and inserting ‘‘Tropical 

7 Forest and Coral Conservation Act of 2009’’. 

8 (b) REFERENCES.—Any reference in any other provi9 sion of law, regulation, document, paper, or other record 

10 of the United States to the ‘‘Tropical Forest Conservation 

11 Act of 1998’’ shall be deemed to be a reference to the 

12 ‘‘Tropical Forest and Coral Conservation Act of 2009’’. 

13 SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FOR14 ESTS AND CORAL REEFS. 

15 (a) IN GENERAL.—Section 802 of the Tropical For16 est and Coral Conservation Act of 2009 (22 U.S.C. 2431), 

17 as renamed by section 2(a), is amended— 

18 (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), 

19 (b)(3), and (b)(4), by striking ‘‘tropical forests’’ 

20 each place it appears and inserting ‘‘tropical forests 

21 and coral reefs and associated coastal marine eco22 systems’’; 

23 (2) in subsection (a)(2)— 

24 (A) in subparagraph (A), by striking ‘‘re25 sources, which are the basis for developing 


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1 pharmaceutical products and revitalizing agri2 cultural crops’’ and inserting ‘‘resources’’; and 

3 (B) in subparagraph (C), by striking ‘‘far4 flung’’; and 

5 (3) in subsection (b)(2)— 

6 (A) by striking ‘‘tropical forests’’ the first 

7 place it appears and inserting ‘‘tropical forests 

8 and coral reefs and associated coastal marine 

9 ecosystems’’; 

10 (B) by striking ‘‘tropical forests’’ the sec11 ond place it appears and inserting ‘‘areas’’; 

12 (C) by striking ‘‘tropical forests’’ the third 

13 place it appears and inserting ‘‘tropical forests 

14 and coral reefs and their associated coastal ma15 rine ecosystems’’; and 

16 (D) by striking ‘‘that have led to deforest17 ation’’ and inserting ‘‘on such countries’’. 

18 (b) AMENDMENTS RELATED TO DEFINITIONS.—Sec19 tion 803 of such Act (22 U.S.C. 2431a) is amended— 

20 (1) in paragraph (5)— 

21 (A) in the heading, by striking ‘‘TROPICAL

22 FOREST’’ and inserting ‘‘TROPICAL FOREST OR

23 CORAL REEF’’; 


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1 (B) in the matter preceding subparagraph 

2 (A), by striking ‘‘tropical forest’’ and inserting 

3 ‘‘tropical forest or coral reef’’; and 

4 (C) in subparagraph (B)— 

5 (i) by striking ‘‘tropical forest’’ and 

6 inserting ‘‘tropical forest or coral reef’’; 

7 and 

8 (ii) by striking ‘‘tropical forests’’ and 

9 inserting ‘‘tropical forests or coral reefs’’ 

10 (2) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(10) CORAL.—The term ‘coral’ means species 

13 of the phylum Cnidaria, including— 

14 ‘‘(A) all species of the orders Antipatharia 

15 (black corals), Scleractinia (stony corals), 

16 Alcyonacea (soft corals), Gorgonacea (horny 

17 corals), Stolonifera (organpipe corals and oth18 ers), and Coenothecalia (blue coral), of the class 

19 Anthoza; and 

20 ‘‘(B) all species of the order 

21 Hydrocorallina (fire corals and hydrocorals) of 

22 the class Hydrozoa. 

23 ‘‘(11) CORAL REEF.—The term ‘coral reef’ 

24 means any reef or shoal composed primarily of coral. 


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1 ‘‘(12) ASSOCIATED COASTAL MARINE ECO2 SYSTEM.—The term ‘associated coastal marine eco3 system’ means any coastal marine ecosystem sur4 rounding, or directly related to, a coral reef and im5 portant to maintaining the ecological integrity of 

6 that coral reef, such as seagrasses, mangroves, 

7 sandy seabed communities, and immediately adja8 cent coastal areas.’’. 

9 SEC. 4. CHANGE TO NAME OF FACILITY. 

10 (a) IN GENERAL.—Section 804 of the Tropical For11 est and Coral Conservation Act of 2009 (22 U.S.C. 

12 2431b), as renamed by section 2(a), is amended by strik13 ing ‘‘Tropical Forest Facility’’ and inserting ‘‘Conserva14 tion Facility’’. 

15 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

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

17 amended— 

18 (1) in the heading, by striking ‘‘TROPICAL FOR19 EST FACILITY’’ and inserting ‘‘CONSERVATION FA20 CILITY’’; and 

21 (2) by striking ‘‘Tropical Forest Facility’’ both 

22 places it appears and inserting ‘‘Conservation Facil23 ity’’. 

24 (c) REFERENCES.—Any reference in any other provi25 sion of law, regulation, document, paper, or other record 


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1 of the United States to the ‘‘Tropical Forest Facility’’ 

2 shall be deemed to be a reference to the ‘‘Conservation 

3 Facility’’. 

4 SEC. 5. ELIGIBILITY FOR BENEFITS. 

5 Section 805(a) of the Tropical Forest and Coral Con6 servation Act of 2009 (22 U.S.C. 2431c(a)), as renamed 

7 by section 2(a), is amended by striking ‘‘tropical forest’’ 

8 and inserting ‘‘tropical forest or coral reef’’. 

9 SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION 

10 ON OVERSIGHT BODIES FOR GRANTS FROM 

11 DEBT-FOR-NATURE SWAPS AND DEBT 

12 BUYBACKS. 

13 Section 808(a)(5) of the Tropical Forest and Coral 

14 Conservation Act of 2009 (22 U.S.C. 2431f(a)(5)), as re15 named by section 2(a), is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(C) UNITED STATES GOVERNMENT REP18 RESENTATION ON THE ADMINISTERING

19 BODY.—One or more individuals appointed by 

20 the United States Government may serve in an 

21 official capacity on the administering body that 

22 oversees the implementation of grants arising 

23 from a debt-for-nature swap or debt buyback 

24 regardless of whether the United States is a 

25 party to any agreement between the eligible 


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1 purchaser and the government of the bene2 ficiary country.’’. 

3 SEC. 7. CONSERVATION AGREEMENTS. 

4 (a) RENAMING OF AGREEMENTS.—Section 809 of 

5 the Tropical Forest and Coral Conservation Act of 2009 

6 (22 U.S.C. 2431g), as renamed by section 2(a), is amend7 ed— 

8 (1) in the section heading, by striking ‘‘TROP9 ICAL FOREST AGREEMENT’’ and inserting ‘‘CON10 SERVATION AGREEMENT’’; and 

11 (2) in subsection (a)— 

12 (A) by striking ‘‘AUTHORITY’’ and all that 

13 follows through ‘‘(1) IN GENERAL.—The Sec14 retary’’ and inserting ‘‘AUTHORITY.—The Sec15 retary’’; and 

16 (B) by striking ‘‘Tropical Forest Agree17 ment’’ and inserting ‘‘Conservation Agree18 ment’’. 

19 (b) ELIMINATION OF REQUIREMENT TO CONSULT

20 WITH THE ENTERPRISE FOR THE AMERICAS BOARD.— 

21 Such subsection is further amended by striking paragraph 

22 (2). 

23 (c) ROLE OF BENEFICIARY COUNTRIES.—Such sec24 tion is further amended— 


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1 (1) in subsection (e)(1)(C), by striking ‘‘in ex2 ceptional circumstances, the government of the bene3 ficiary country’’ and inserting ‘‘in limited cir4 cumstances, the government of the beneficiary coun5 try when needed to improve governance and enhance 

6 management of tropical forests or coral reefs or as7 sociated coastal marine ecosystems, without replac8 ing existing levels of financial efforts by the govern9 ment of the beneficiary country and with priority 

10 given to projects that complement grants made 

11 under subparagraphs (A) and (B)’’; and 

12 (2) by amending subsection (f) to read as fol13 lows: 

14 ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant of 

15 more than $250,000 from a Fund must be approved by 

16 the Government of the United States and the government 

17 of the beneficiary country.’’. 

18 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 Such section is further amended— 

20 (1) in subsection (c)(2)(A)(i), by inserting ‘‘to 

21 serve in an official capacity’’ after ‘‘Government’’; 

22 (2) in subsection (d)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘tropical forests’’ and inserting 

25 ‘‘tropical forests and coral reefs and associated 


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1 coastal marine ecosystems related to such coral 

2 reefs’’; 

3 (B) in paragraph (5), by striking ‘‘tropical 

4 forest’’; and 

5 (C) in paragraph (6), by striking ‘‘living in 

6 or near a tropical forest in a manner consistent 

7 with protecting such tropical forest’’ and insert8 ing ‘‘dependent on a tropical forest or coral reef 

9 or an associated coastal marine ecosystem re10 lated to such coral reef and related resources in 

11 a manner consistent with conserving such re12 sources’’. 

13 (e) CONFORMING AMENDMENTS TO DEFINITIONS.— 

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

15 amended— 

16 (1) in the heading, by striking ‘‘TROPICAL FOR17 EST AGREEMENT’’ and inserting ‘‘CONSERVATION

18 AGREEMENT’’; and 

19 (2) by striking ‘‘Tropical Forest Agreement’’ 

20 both places it appears and inserting ‘‘Conservation 

21 Agreement’’. 

22 SEC. 8. CONSERVATION FUND. 

23 (a) IN GENERAL.—Section 810 of the Tropical For24 est and Coral Conservation Act of 2009 (22 U.S.C. 

25 2431h), as renamed by section 2(a), is amended— 


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1 (1) in the section heading, by striking ‘‘TROP2 ICAL FOREST FUND’’ and inserting ‘‘CONSERVA3 TION FUND’’; and 

4 (2) in subsection (a)— 

5 (A) by striking ‘‘Tropical Forest Agree6 ment’’ and inserting ‘‘Conservation Agree7 ment’’; and 

8 (B) by striking ‘‘Tropical Forest Fund’’ 

9 and inserting ‘‘Conservation Fund’’. 

10 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

11 Such Act is further amended— 

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

13 (A) in the heading, by striking ‘‘TROPICAL

14 FOREST FUND’’ and inserting ‘‘CONSERVATION

15 FUND’’; and 

16 (B) by striking ‘‘Tropical Forest Fund’’ 

17 both places it appears and inserting ‘‘Conserva18 tion Fund’’; 

19 (2) in section 806(c)(2) (22 U.S.C. 

20 2431d(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

21 and inserting ‘‘Conservation Fund’’; and 

22 (3) in section 807(c)(2) (22 U.S.C. 

23 2431e(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

24 and inserting ‘‘Conservation Fund’’. 


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1 SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR 

2 THE AMERICAS BOARD TO CARRY OUT AC3 TIVITIES UNDER THE TROPICAL FOREST AND 

4 CORAL CONSERVATION ACT OF 2009. 

5 (a) IN GENERAL.—Section 811 of the Tropical For6 est and Coral Conservation Act of 2009 (22 U.S.C. 

7 2431i), as renamed by section 2(a), is repealed. 

8 (b) CONFORMING AMENDMENTS.—Section 803 of 

9 such Act (22 U.S.C. 2431a), as renamed by section 2(a), 

10 is amended— 

11 (1) by striking paragraph (4); and 

12 (2) by redesignating paragraphs (5), (6), (7), 

13 (8), and (9) as paragraphs (4), (5), (6), (7), and 

14 (8), respectively. 

15 SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO 

16 CONGRESS. 

17 Section 813 of the Tropical Forest and Coral Con18 servation Act of 2009 (22 U.S.C. 2431k), as renamed by 

19 section 2(a), is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘(a) IN GENERAL.—Not 

22 later than December 31’’ and inserting ‘‘Not 

23 later than April 15’’; 

24 (B) by striking ‘‘Facility’’ both places it 

25 appears and inserting ‘‘Conservation Facility’’; 

26 and 


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1 (C) by striking ‘‘fiscal year’’ both places it 

2 appears and inserting ‘‘calendar year’’; and 

3 (2) by striking subsection (b). 

4 SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND 

5 CRITERION FOR COUNTRY ELIGIBILITY. 

6 Section 703(a)(5) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2430b(a)(5)) is amended— 

8 (1) by striking ‘‘or, as appropriate in excep9 tional circumstances,’’ and inserting ‘‘or’’; 

10 (2) in subparagraph (A)— 

11 (A) by striking ‘‘or in exceptional cir12 cumstances, a Fund monitored program or its 

13 equivalent,’’ and inserting ‘‘or a Fund mon14 itored program, or is implementing sound mac15 roeconomic policies,’’; and 

16 (B) by striking ‘‘(after consultation with 

17 the Enterprise for the Americas Board)’’; and 

18 (3) in subparagraph (B), by striking ‘‘(after 

19 consultation with the Enterprise for Americas 

20 Board)’’. 


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1 SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR 

2 THE REDUCTION OF DEBT AND AUTHORIZA3 TION FOR AUDIT, EVALUATION, MONITORING, 

4 AND ADMINISTRATION EXPENSES. 

5 Section 806 of the Tropical Forest and Coral Con6 servation Act of 2009 (22 U.S.C. 2431d), as renamed by 

7 section 2(a), is amended— 

8 (1) in subsection (d), by adding at the end the 

9 following new paragraphs: 

10 ‘‘(7) $25,000,000 for fiscal year 2009. 

11 ‘‘(8) $30,000,000 for fiscal year 2010. 

12 ‘‘(9) $30,000,000 for fiscal year 2011. 

13 ‘‘(10) $30,000,000 for fiscal year 2012.’’; and 

14 (2) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM AU17 DITS, EVALUATIONS, MONITORING, AND ADMINISTRA18 TION.—Of the amounts made available to carry out this 

19 part for a fiscal year, $300,000 is authorized to be made 

20 available to carry out audits, evaluations, monitoring, and 

21 administration of programs under this part, including per22 sonnel costs associated with such audits, evaluations, mon23 itoring and administration.’’. 

Æ 


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