§2431a. Definitions — Inbound Citations
22 U.S.C. § 2431a
Cited by 86 provisions in release 119-102.
Citations to §2431a(1)
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(C) One or more individuals appointed by the United States Government shall serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
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(A) The administering body shall consist of—(i) one or more individuals appointed by the United States Government to serve in an official capacity;(ii) one or more individuals appointed by the government of the beneficiary country; and(iii) individuals who represent a broad range of—(I) environmental nongovernmental organizations of, or active in, the beneficiary country;(II) local community development nongovernmental organizations of the beneficiary country; and(III) scientific, academic, or forestry organizations of the beneficiary country.
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(B) A majority of the members of the administering body shall be individuals described in subparagraph (A)(iii).
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(3) The requirements contained in section 2430g(c)(3) of this title (relating to responsibilities of the administering body) shall apply to an administering body described in paragraph (1) in the same manner as such requirements apply to an administering body described in section 2430g(c)(1) of this title.
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(2) Ensure, in consultation with—(A) the government of the beneficiary country;(B) nongovernmental organizations of the beneficiary country;(C) nongovernmental organizations of the region (if appropriate);(D) environmental, scientific, forestry, and academic leaders of the beneficiary country; and(E) environmental, scientific, forestry, and academic leaders of the region (as appropriate),that a suitable administering body is identified for each Fund.
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(3) Review the programs, operations, and fiscal audits of each administering body.
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(4) a description of any grants that have been provided by administering bodies pursuant to Agreements under this subchapter.
Citations to §2431a(2)
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(2) The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.
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The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this subchapter and the eligibility of countries for benefits from the Facility under this subchapter.
Citations to §2431a(3)
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(2) In addition to the application of the provisions relating to repayment of principal under section 2430d of this title to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 2430e of this title.
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(2) In addition to the application of the provisions relating to repayment of principal under section 605 of the Food for Peace Act [7 U.S.C. 1738d] to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 606 of such Act [7 U.S.C. 1738e].
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(C) One or more individuals appointed by the United States Government shall serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
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(1) Amounts disbursed from the Fund in each beneficiary country shall be administered by a body constituted under the laws of that country.
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(ii) one or more individuals appointed by the government of the beneficiary country; and
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(I) environmental nongovernmental organizations of, or active in, the beneficiary country;
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(II) local community development nongovernmental organizations of the beneficiary country; and
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(III) scientific, academic, or forestry organizations of the beneficiary country.
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(d) Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests and coral reef ecosystems in the beneficiary country, through one or more of the following activities:(1) Establishment, restoration, protection, and maintenance of parks, protected areas, and reserves.(2) Development and implementation of scientifically sound systems of natural resource management, including land and ecosystem management practices.(3) Training programs to increase the scientific, technical, and managerial capacities of individuals and organizations involved in conservation efforts.(4) Restoration, protection, or sustainable use of diverse animal and plant species.(5) Research and identification of medicinal uses of plant life to treat human diseases, illnesses, and health related concerns.(6) Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.
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(A) nongovernmental environmental, forestry, conservation, and indigenous peoples organizations of, or active in, the beneficiary country;
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(B) other appropriate local or regional entities of, or active in, the beneficiary country; or
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(C) in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B).
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(f) Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.
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(a) Each beneficiary country that enters into a Conservation Agreement under section 2431g of this title shall be required to establish a Conservation Fund to receive payments of interest and principal on new obligations undertaken by the beneficiary country under this subchapter.
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(A) the government of the beneficiary country;
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(B) nongovernmental organizations of the beneficiary country;
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(D) environmental, scientific, forestry, and academic leaders of the beneficiary country; and
Citations to §2431a(4)
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(a) The Enterprise for the Americas Board established under section 1738i(a) of title 7 shall, in addition to carrying out the responsibilities of the Board under section 1738i(c) of title 7, carry out the duties described in subsection (c) of this section for the purposes of this subchapter.
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(1) The Enterprise for the Americas Board shall be composed of an additional four members appointed by the President as follows:(A) Two representatives from the United States Government, including a representative of the International Forestry Division of the United States Forest Service.(B) Two representatives from private nongovernmental environmental, scientific, forestry, or academic organizations with experience and expertise in preservation, maintenance, sustainable uses, and restoration of tropical forests.
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(2) Notwithstanding section 1738i(b)(2) of title 7, the Enterprise for the Americas Board shall be headed by a chairperson who shall be appointed by the President and shall be the representative from the Department of State appointed under section 1738i(b)(1)(A) of title 7.
Citations to §2431a(5)
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(a) To be eligible for benefits from the Facility under this subchapter, a country shall be a developing country with a tropical forest or coral reef—(1) whose government is democratically elected;(2) whose government has not repeatedly provided support for acts of international terrorism;(3) whose government is not failing to cooperate on international narcotics control matters;(4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;(5) that has in effect, has received approval for, or is making significant progress toward—(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and(B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;(6) if appropriate, has1 agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction; and(7) that has put in place investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other measures, as appropriate.
Citations to §2431a(6)
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(2) The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.
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(1) The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1998, as a result of concessional loans made to an eligible country by the United States under subchapter I of this chapter, part IV of subchapter II of this chapter, or predecessor foreign economic assistance legislation.
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(A) The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(A) The Facility shall notify the Commodity Credit Corporation of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(C) Before the sale under subparagraph (A) to any eligible purchaser described in subparagraph (B), or any reduction or cancellation under such subparagraph (A), of any loan or credit made to an eligible country, the President shall consult with the country concerning the amount of loans or credits to be sold, reduced, or canceled and their uses for debt-for-nature swaps to support eligible activities described in section 2431g(d) of this title.
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(2) Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible country any concessional loans described in section 2431d(a)(1) of this title or any credits described in section 2431e(a)(1) of this title, or on receipt of payment from an eligible country, reduce or cancel such loans (or credits) or portion thereof, only for the purpose of facilitating a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than the lessor of 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support eligible activities described in section 2431g(d) of this title.
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(a) The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Conservation Agreement with any eligible country concerning the operation and use of the Fund for that country.
Citations to §2431a(7)
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(A) The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(B) At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation for the country shall be established relating to the agreement, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction.
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(A) The Facility shall notify the Commodity Credit Corporation of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(B) At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation shall be established for the country relating to the agreement, and the Commodity Credit Corporation shall make an adjustment in its accounts to reflect the debt reduction.
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(C) One or more individuals appointed by the United States Government shall serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
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(a) The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Conservation Agreement with any eligible country concerning the operation and use of the Fund for that country.
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(b) The requirements contained in section 2430g(b) of this title (relating to contents of an agreement) shall apply to an Agreement in the same manner as such requirements apply to an Americas Framework Agreement.
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(a) Each beneficiary country that enters into a Conservation Agreement under section 2431g of this title shall be required to establish a Conservation Fund to receive payments of interest and principal on new obligations undertaken by the beneficiary country under this subchapter.
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(1) Advise the Secretary of State on the negotiations of Tropical Forest Agreements.
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(2) a description of any Agreement entered into under this subchapter;
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(4) a description of any grants that have been provided by administering bodies pursuant to Agreements under this subchapter.
Citations to §2431a(8)
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There is established in the Department of the Treasury an entity to be known as the “Conservation Facility” for the purpose of providing for the administration of debt reduction in accordance with this subchapter.
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(a) To be eligible for benefits from the Facility under this subchapter, a country shall be a developing country with a tropical forest or coral reef—(1) whose government is democratically elected;(2) whose government has not repeatedly provided support for acts of international terrorism;(3) whose government is not failing to cooperate on international narcotics control matters;(4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;(5) that has in effect, has received approval for, or is making significant progress toward—(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and(B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;(6) if appropriate, has1 agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction; and(7) that has put in place investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other measures, as appropriate.
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(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and
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(1) Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations of the type referred to in subsection (a) outstanding as of the date specified in subsection (a)(1).
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(A) The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(B) At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation for the country shall be established relating to the agreement, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction.
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(1) Notwithstanding any other provision of law, the President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 14, 2019, as a result of any credits extended under title I of the Food for Peace Act (7 U.S.C. 1701 et seq.) to a country eligible for benefits from the Facility.
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(1) Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations of the type referred to in subsection (a) outstanding as of the date specified in subsection (a)(1).
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(A) The Facility shall notify the Commodity Credit Corporation of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
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(B) At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation shall be established for the country relating to the agreement, and the Commodity Credit Corporation shall make an adjustment in its accounts to reflect the debt reduction.
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(A) The Facility shall notify the administrator of the agency primarily responsible for administering subchapter I of this chapter or the Commodity Credit Corporation, as the case may be, of eligible purchasers described in paragraph (1)(B) that the President has determined to be eligible under paragraph (1), and shall direct such agency or Corporation, as the case may be, to carry out the sale, reduction, or cancellation of a loan pursuant to such paragraph.
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The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this subchapter and the eligibility of countries for benefits from the Facility under this subchapter.
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Not later than April 15 of each year, the President shall prepare and transmit to the Congress an annual report concerning the operation of the Facility for the prior calendar year. Such report shall include—
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(1) a description of the activities undertaken by the Facility during the previous calendar year;
Citations to §2431a(9)
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(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and
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(2) In addition to the application of the provisions relating to repayment of principal under section 2430d of this title to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 2430e of this title.
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(2) In addition to the application of the provisions relating to repayment of principal under section 605 of the Food for Peace Act [7 U.S.C. 1738d] to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 606 of such Act [7 U.S.C. 1738e].
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(a) The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Conservation Agreement with any eligible country concerning the operation and use of the Fund for that country.
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(1) Amounts disbursed from the Fund in each beneficiary country shall be administered by a body constituted under the laws of that country.
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(d) Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests and coral reef ecosystems in the beneficiary country, through one or more of the following activities:(1) Establishment, restoration, protection, and maintenance of parks, protected areas, and reserves.(2) Development and implementation of scientifically sound systems of natural resource management, including land and ecosystem management practices.(3) Training programs to increase the scientific, technical, and managerial capacities of individuals and organizations involved in conservation efforts.(4) Restoration, protection, or sustainable use of diverse animal and plant species.(5) Research and identification of medicinal uses of plant life to treat human diseases, illnesses, and health related concerns.(6) Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.
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(1) Grants made from a Fund shall be made to—(A) nongovernmental environmental, forestry, conservation, and indigenous peoples organizations of, or active in, the beneficiary country;(B) other appropriate local or regional entities of, or active in, the beneficiary country; or(C) in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B).
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(f) Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.
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(g) In the event that a country ceases to meet the eligibility requirements set forth in section 2431c(a) of this title, as determined by the President pursuant to section 2431c(b) of this title, then grants from the Fund for that country may only be made to nongovernmental organizations until such time as the President determines that such country meets the eligibility requirements set forth in section 2431c(a) of this title.
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(a) Each beneficiary country that enters into a Conservation Agreement under section 2431g of this title shall be required to establish a Conservation Fund to receive payments of interest and principal on new obligations undertaken by the beneficiary country under this subchapter.
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(b) The following terms and conditions shall apply to the Fund in the same manner as such terms as1 conditions apply to an Enterprise for the Americas Fund under section 2430f of this title:(1) The provision relating to deposits under subsection (b) of such section.(2) The provision relating to investments under subsection (c) of such section.(3) The provision relating to disbursements under subsection (d) of such section.
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(2) Ensure, in consultation with—(A) the government of the beneficiary country;(B) nongovernmental organizations of the beneficiary country;(C) nongovernmental organizations of the region (if appropriate);(D) environmental, scientific, forestry, and academic leaders of the beneficiary country; and(E) environmental, scientific, forestry, and academic leaders of the region (as appropriate),that a suitable administering body is identified for each Fund.
Citations to §2431a(10)
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(2) to facilitate greater protection of tropical forests and coral ecosystems (and to give priority to protecting areas with the highest levels of biodiversity and under the most severe threat) by providing for the alleviation of debt in countries where tropical forests and coral reef ecosystems are located, thus allowing the use of additional resources to protect these critical resources and reduce economic pressures that have led to deforestation;
Citations to §2431a(12)
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(1) It is the established policy of the United States to support and seek protection of tropical forests and coral reef ecosystems around the world.
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(6) Debt reduction can reduce economic pressures on developing countries and result in increased protection for tropical forests and coral reef ecosystems.
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(7) Finding economic benefits to local communities from sustainable uses of tropical forests and coral reef ecosystems is critical to the protection of such areas.
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(1) to recognize the values received by United States citizens from protection of tropical forests and coral reef ecosystems;
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(2) to facilitate greater protection of tropical forests and coral ecosystems (and to give priority to protecting areas with the highest levels of biodiversity and under the most severe threat) by providing for the alleviation of debt in countries where tropical forests and coral reef ecosystems are located, thus allowing the use of additional resources to protect these critical resources and reduce economic pressures that have led to deforestation;
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(3) to ensure that resources freed from debt in such countries are targeted to protection of tropical forests and coral reef ecosystems and their associated values; and
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(4) to rechannel existing resources to facilitate the protection of tropical forests and coral reef ecosystems.
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(d) Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests and coral reef ecosystems in the beneficiary country, through one or more of the following activities:(1) Establishment, restoration, protection, and maintenance of parks, protected areas, and reserves.(2) Development and implementation of scientifically sound systems of natural resource management, including land and ecosystem management practices.(3) Training programs to increase the scientific, technical, and managerial capacities of individuals and organizations involved in conservation efforts.(4) Restoration, protection, or sustainable use of diverse animal and plant species.(5) Research and identification of medicinal uses of plant life to treat human diseases, illnesses, and health related concerns.(6) Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.
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(6) Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.
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(C) in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B).