Overview

Title

To establish the United States Foundation for International Conservation to promote long-term management of protected and conserved areas, and for other purposes.

ELI5 AI

S. 618 is about creating a new group to help keep nature safe around the world. They will work with lots of different people to make sure important places are looked after, and they will also get money from others to help pay for these projects.

Summary AI

S. 618 aims to establish the United States Foundation for International Conservation, which is a nonprofit organization designed to promote the long-term management of protected and conserved areas around the world. This foundation will work alongside various stakeholders, including foreign governments, Indigenous communities, and private sector partners, to provide funding and support for conservation projects. It is tasked with encouraging private investment and ensuring that projects adhere to high environmental and social standards. The bill also outlines the governance, funding, and accountability structures for the foundation, highlighting important aspects like the prohibition of support in countries involved in terrorism or human rights violations.

Published

2024-05-07
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-05-07
Package ID: BILLS-118s618rs

Bill Statistics

Size

Sections:
20
Words:
11,395
Pages:
62
Sentences:
168

Language

Nouns: 3,046
Verbs: 895
Adjectives: 834
Adverbs: 111
Numbers: 333
Entities: 540

Complexity

Average Token Length:
4.45
Average Sentence Length:
67.83
Token Entropy:
5.46
Readability (ARI):
36.81

AnalysisAI

The bill S. 618, known as the "United States Foundation for International Conservation Act of 2023," seeks to establish an independent foundation dedicated to promoting the long-term management of protected and conserved areas globally. The initiative is intended to enhance conservation efforts by providing financial support and coordinating with both governmental and nongovernmental entities. It outlines a structure for governance, funding, and criteria for selecting eligible projects and countries.

General Summary

The proposed legislation outlines the creation of the United States Foundation for International Conservation, a nonprofit entity intended to commence operations within 180 days following the bill's passage. The Foundation's mission is to support biodiversity preservation through grants targeting areas with significant ecological value. It aims to collaborate with international partners, including private and public sectors, aiming for a decade-long operational lifespan. The bill includes provisions for governance, detailing a Board of Directors composed of government officials and private-sector representatives, responsible for overseeing compliance, grant allocation, and setting policy frameworks.

Significant Issues

The bill presents several potential concerns:

  1. Tenure and Reevaluation: The Foundation's operations are limited to 10 years without clear plans for extension. This limitation might disrupt long-term conservation efforts requiring sustained support.

  2. Oversight and Accountability: There is a lack of detailed mechanisms for oversight and accountability, potentially leading to financial mismanagement or favoritism in project selection and funding.

  3. Matching Fund Requirement: The stipulation that grantees must secure matching funds from non-federal sources could disproportionately impact smaller organizations with limited fundraising capabilities, possibly favoring well-established entities.

  4. Regulatory Compliance: The authority to conduct international business operations without explicit guidelines could result in regulatory compliance challenges.

  5. Transparency and Influence: Broad authority to accept, manage, and use donations without stringent transparency requirements could lead to conflicts of interest or undue influence from donors.

  6. Undefined Safeguards: Vague terms, such as "appropriate safeguards and policies," might lead to the inconsistent application of standards across projects, affecting their overall impact and integrity.

Impact on the Public

For the general public, the bill offers the potential to enhance global conservation efforts, potentially yielding environmental benefits that help combat climate change and preserve biodiversity. The fostering of international partnerships might enhance the visibility and effectiveness of U.S.-led conservation efforts globally. However, the public might also question the effectiveness of the Foundation if oversight and accountability measures are perceived as inadequate, and there is uncertainty about the Foundation's ability to sustain efforts beyond its initial 10-year period.

Impact on Specific Stakeholders

Positive Impacts:

  • Environmental Advocacy Groups: Organizations dedicated to conservation may benefit from increased funding opportunities and global collaboration.
  • Local Communities: Residents in areas receiving support could experience enhanced economic opportunities and improved natural resource management.

Negative Impacts:

  • Smaller NGOs: Smaller organizations might struggle with the requirement to secure matching funds, potentially excluding them from participating and benefiting from project funding.
  • Regulatory Authorities: The Foundation’s ability to operate internationally without set guidelines could present challenges for regulatory bodies responsible for ensuring compliance with international and domestic laws.

Overall, while the bill outlines a potentially impactful framework for international conservation support, its efficacy will likely depend on the detailed implementation and administration of oversight, funding criteria, and compliance mechanisms.

Financial Assessment

The proposed bill, S. 618, seeks to establish the United States Foundation for International Conservation with specific financial provisions and allocations to support its mission. Here is a breakdown of the key financial aspects of the bill:

Financial Allocations

The bill authorizes significant funding for the Foundation: $100,000,000 per fiscal year from 2024 through 2033 has been earmarked to carry out its objectives. Additionally, $1,000,000 for fiscal year 2025 and up to $100,000,000 each for fiscal years 2026 through 2034 are authorized to further fund the Foundation's activities. These financial allocations are intended to support conservation projects and the long-term management of protected and conserved areas.

Matching Fund Requirement

A key stipulation in the bill is the requirement that grant recipients secure matching funds from non-federal sources equal to the amount they receive from the Foundation. This matching fund requirement might disadvantage smaller organizations that lack the capacity to raise large sums independently, possibly favoring larger organizations with established fundraising mechanisms. This concern is linked to the identified issue of smaller entities potentially being at a disadvantage compared to more robust organizations with significant fundraising capabilities.

Accepting and Managing Gifts

The bill grants the Foundation broad authority to accept, receive, and manage gifts, devises, and bequests, either as absolute donations or in trust. While this offers flexibility in expanding available resources through private donations, the absence of detailed transparency requirements raises concerns about possible conflicts of interest. Without stringent transparency measures, there could be undue influence from private donors on how funds are allocated and projects selected.

Safeguards and Oversight

While the bill allocates significant funding, it also mandates cost-matching, which emphasizes financial diligence. However, concerns arise regarding the oversight and accountability of these financial transactions. The outlined financial safeguards, such as "appropriate safeguards and policies," might be too vague, leading to inconsistent application and oversight, complicating the monitoring of the Foundation's funding processes.

Prohibition on Lobbying

Moreover, the bill explicitly prohibits the use of grant amounts for any lobbying activities intended to influence U.S. legislation. This prohibition aims to direct all financial resources strictly towards conservation efforts, ensuring that taxpayer-funded grants support the Foundation's mission rather than political advocacy.

Complexity of International Operations

The Foundation's authority to conduct business in foreign countries without specific regulatory guidelines may complicate financial management and regulatory compliance. The bill's financial provisions need to account for the complexities and potential regulatory challenges involved in managing funds across different jurisdictions.

In summary, S. 618 details significant financial allocations to support international conservation efforts, with requirements for matching funds and broad authority to manage gifts and donations. However, potential issues such as the disadvantage to smaller grantees, lack of detailed transparency requirements, and the complexity of international operations highlight areas requiring careful scrutiny to ensure effective and fair use of financial resources.

Issues

  • The Foundation's operations termination after 10 years without a mechanism for extension or reevaluation (Section 3) could lead to disruption in conservation efforts that require ongoing support.

  • Absence of oversight and accountability mechanisms (Section 3) for the Foundation’s funding and project selection may lead to financial mismanagement or favoritism.

  • The requirement for grantees to secure matching funds from non-federal sources (Section 10) could disadvantage smaller organizations, potentially favoring larger entities that have more fundraising capabilities.

  • The Foundation’s authority to conduct business in foreign countries (Section 5) without specific guidelines may lead to regulatory compliance issues and increased complexity in managing operations.

  • Broad authority to receive and manage gifts and donations (Section 5) without transparency requirements could lead to conflicts of interest or undue influence from private donors.

  • Vague terms like 'appropriate safeguards and policies' (Section 6) may result in inconsistent application of environmental and social safeguards, potentially leading to varied standards being used across different projects.

  • The lack of clear criteria for assessing what constitutes 'eligible projects' (Section 7) could lead to subjective decision-making in grant awards.

  • The potential administrative burden in ensuring compliance with U.S. sanctions laws (Section 8) affects both administrative efficiency and the ability to rapidly deploy projects in eligible countries.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that it can be officially called the "United States Foundation for International Conservation Act of 2023."

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, including various committees and roles such as the "Board," "Director," and "Executive Director." It also defines what constitutes an "eligible country," "eligible project," and the "Foundation" referred to within the Act.

3. United States Foundation for International Conservation Read Opens in new tab

Summary AI

The United States Foundation for International Conservation will be established within 180 days of the bill's enactment to promote the effective management of protected areas globally. This independent, tax-exempt organization aims to enhance conservation by attracting private funding, closing funding gaps, and collaborating with international partners, with operations lasting ten years.

4. Governance of the Foundation Read Opens in new tab

Summary AI

The Foundation is managed by a Board of Directors composed of certain government officials and appointed members, including private-sector donors and independent experts. The Board is responsible for setting bylaws, guiding the Foundation's activities, hiring an Executive Director, and ensuring no conflicts of interest or political bias in its operations. Directors do not get paid but can be reimbursed for necessary expenses, and they must conduct all activities without compromising integrity or fairness.

5. Corporate powers and obligations of the Foundation Read Opens in new tab

Summary AI

The Foundation has the power to conduct business, handle property, and engage in contracts both within the US and abroad. It can hold funds, issue grants, and make investments, but the US is not responsible for any issues arising from the Foundation's activities.

6. Safeguards and accountability Read Opens in new tab

Summary AI

The section outlines the requirements for the Foundation to implement safeguards and an accountability system. This includes ensuring projects meet environmental and social standards, establishing a way to handle complaints, and having a team or experts to review compliance and resolve issues, along with inviting public feedback for at least 60 days on the system's design.

7. Projects and grants Read Opens in new tab

Summary AI

The section outlines the requirements for funding conservation projects through grants. Eligible projects must support the management of protected areas, involve local communities, and match costs from non-U.S. sources. The section also details how to determine eligible countries for these projects and provides criteria for grant distribution, including long-term funding and progress tracking using key performance indicators.

8. Prohibition of support in countries that support terrorism or violate human rights and of support for sanctioned persons Read Opens in new tab

Summary AI

The section prohibits the Foundation from giving support to any government involved in terrorism or human rights violations, as well as individuals or entities sanctioned by the United States. It mandates that anyone receiving support must prove they are following U.S. sanctions laws and regulations.

9. Annual report Read Opens in new tab

Summary AI

The section requires the Executive Director of the Foundation to submit a yearly report to specific congressional committees, starting within 360 days of the Act's enactment. This report must cover the Foundation's goals, its funded programs and activities, contributions it has received, and the criteria used to choose these programs, including metrics for assessing progress.

10. Authorization of appropriations Read Opens in new tab

Summary AI

The document authorizes up to $100,000,000 per year from 2024 to 2033 for a foundation under this Act. However, grantees must also obtain matching funds from non-federal sources to receive these grants.

Money References

  • (a) In general.—There are authorized to be appropriated to the Foundation $100,000,000 for each of the fiscal years 2024 through 2033 to carry out the purposes of this Act.

1. Short title; table of contents Read Opens in new tab

Summary AI

The first section of this Act introduces the "United States Foundation for International Conservation Act of 2024" as its official name and provides a detailed list of the main points covered in the Act, such as definitions, governance, corporate powers, accountability measures, project funding, restrictions on supporting certain governments, annual reporting, and budget authorizations.

2. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, such as what "appropriate congressional committees" refer to specific Senate and House committees, "Board" refers to a Board of Directors, "eligible country" and "eligible project" refer to specific criteria detailed in other sections, "Executive Director" and "Foundation" relate to roles and entities established by the Act, and "Secretary" means the Secretary of State.

3. United States Foundation for International Conservation Read Opens in new tab

Summary AI

The United States Foundation for International Conservation is a nonprofit organization established to provide grants and support for preserving biodiversity in areas with significant ecological value. The Foundation, which is not a government agency, aims to enhance conservation efforts by working with private sector and government partners, and it plans to operate for 10 years, focusing on responsible long-term management of protected areas and supporting local communities.

4. Governance of the Foundation Read Opens in new tab

Summary AI

The section outlines the governance structure of the Foundation, specifying that it will be led by an Executive Director under the authority of a Board of Directors. The Board, consisting of various government officials and appointed private-sector members and experts, is responsible for establishing rules, guiding activities, ensuring ethical standards, and managing conflicts of interest. Board members will not be paid but may be reimbursed for necessary expenses, and the Foundation staff and board members are restricted from certain political activities and financial conflicts.

5. Corporate powers and obligations of the Foundation Read Opens in new tab

Summary AI

The Foundation has the authority to operate internationally, maintain a main office and a legal agent in Washington, DC, and undergo audits by the Comptroller General. It possesses typical corporate powers, including accepting donations, managing property, entering into contracts, defending legal actions, and granting funds for approved projects, all while ensuring the United States is not liable for its activities.

6. Safeguards and accountability Read Opens in new tab

Summary AI

The section outlines safeguards and accountability measures for a Foundation, requiring it to establish policies that comply with U.S. laws and best practices. It mandates an independent accountability body to ensure projects meet these standards, resolve disputes, and provide advice, while also requiring an ombudsman for internal accountability and annual reviews to ensure compliance with existing laws.

7. Projects and grants Read Opens in new tab

Summary AI

The section outlines the requirements for providing grants aimed at effective conservation management in eligible countries. It specifies eligible projects and entities, criteria for grants, and the need for coordination and evaluation of these projects, ensuring they contribute to conservation efforts, economic opportunities for local communities, and long-term sustainability.

Money References

  • (3) ELIGIBLE PROJECTS.—Eligible projects shall include projects that— (A) focus on supporting— (i) transparent and effective long-term management of primarily protected or conserved areas and their contiguous buffer zones in countries described in subsection (b), including terrestrial, coastal, and marine protected or conserved areas, parks, community conservancies, Indigenous reserves, conservation easements, and biological reserves; and (ii) other effective area-based conservation measures; (B) are cost-matched at a ratio of not less than $2 from sources other than the United States for every $1 made available under this Act; (C) are subject to long-term binding memoranda of understanding with the governments of eligible countries and local communities— (i) to ensure that local populations have access, resource management responsibilities, and the ability to pursue permissible, sustainable economic activity on affected lands; and (ii) that may be signed by governments in such eligible countries to ensure free, prior, and informed consent of affected communities; (D) incorporate a set of key performance and impact indicators; (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including— (i) free, prior, and informed consent of Indigenous Peoples and relevant local communities; (ii) inclusive governance structures; and (iii) effective grievance mechanisms; (F) create economic opportunities for local communities, including through— (i) equity and profit-sharing; (ii) cooperative management of natural resources; (iii) employment activities; and (iv) other related economic growth activities; (G) leverage stable baseline funding for the effective management of the primarily protected or conserved area project; and (H) to the extent possible— (i) are viable and prepared for implementation; and (ii) demonstrate a plan to strengthen the capacity of, and transfer skills to, local institutions to manage the primarily protected or conserved area before or after grant funding is exhausted. (b) Eligible countries.

8. Prohibition of support for certain governments Read Opens in new tab

Summary AI

The section prohibits the Foundation from providing support to governments involved in international terrorism or corruption and from engaging with entities or individuals under U.S. sanctions, unless authorized by relevant authorities. Additionally, it requires recipients of support to confirm compliance with U.S. sanctions laws.

9. Annual report Read Opens in new tab

Summary AI

The section outlines that the Executive Director of the Foundation must submit an annual report to certain congressional committees. This report should cover the Foundation's goals, its supported programs and activities, contributions from private and government sources, and the criteria used to select which programs to support, including how successful these have been in meeting their targets and goals.

10. Authorization of appropriations Read Opens in new tab

Summary AI

In this section, the bill authorizes funding to support international conservation and biodiversity programs, with $1,000,000 allocated for 2025 and up to $100,000,000 per year from 2026 to 2034. The funding must be matched at least two times over by non-governmental sources, cannot be used for lobbying, and the Foundation's administrative costs must come from non-governmental sources.

Money References

  • , there is authorized to be appropriated to the Foundation to carry out the purposes of this Act— (1) $1,000,000 for fiscal year 2025; and (2) not more than $100,000,000 for each of the fiscal years 2026 through 2034.