§ 1738f. — Environmental framework agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1738f]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER VI--ENTERPRISE FOR THE AMERICAS INITIATIVE
Sec. 1738f. Environmental framework agreements
(a) Authority
The President is authorized to enter into an environmental framework
agreement with each country eligible for benefits from the Facility
concerning the operation and use of an Enterprise for the Americas
Environmental Fund (hereafter referred to in this subchapter as the
``Environmental Fund'') established under section 1738g of this title
for that country. The President shall consult with the Board established
under section 1738i of this title when entering into such agreements.
(b) Requirements
An environmental framework agreement entered into under this section
shall--
(1) require the eligible country to establish an Environmental
Fund;
(2) require the eligible country to make interest payments under
section 1738g(a) of this title into the Environmental Fund;
(3) require the eligible country to make prompt disbursements
from the Environmental Fund to the body described in subsection (c)
of this section;
(4) where appropriate, seek to maintain the value of the local
currency resources deposited into the appropriate Environmental Fund
in terms of United States dollars;
(5) specify, in accordance with section 1738k of this title, the
purposes for which the Environmental Fund may be used; and
(6) contain reasonable provisions for the enforcement of the
terms of the agreement.
(c) Administering body
Funds disbursed from the Environmental Fund in an eligible country
shall be administered by a body constituted under the laws of the
country. Such body shall--
(1) be composed of--
(A) one or more representatives appointed by the President;
(B) one or more representatives appointed by the eligible
country; and
(C) representatives from a broad range of environmental and
local community development nongovernmental organizations of the
host country;
the majority of which shall be local representatives from
nongovernmental organizations, and scientific or academic bodies;
(2) receive proposals for grant assistance from local
organizations, and make grants to such organizations in accordance
with the priorities agreed upon in the framework agreement and
consistent with the overall purposes of section 1738k of this title;
(3) be responsible for the management of the program and
oversight of grant activities funded from resources of the
Environmental Fund;
(4) be subject to fiscal audits by an independent auditor on an
annual basis;
(5) present an annual program for review by the Board
established under section 1738i of this title each year;
(6) present an annual report on the activities undertaken during
the previous year to the Chairman of the Board established under
section 1738i of this title, and the government of the eligible
country each year; and
(7) have any grant over $100,000 be subject to veto by the
United States and the government of the eligible country.
(July 10, 1954, ch. 469, title VI, Sec. 607, as added Pub. L. 101-624,
title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3659; amended Pub. L. 102-
237, title III, Sec. 305, Dec. 13, 1991, 105 Stat. 1855.)
Amendments
1991--Subsec. (a). Pub. L. 102-237 moved closing quotation marks in
parenthetical phrase from after ``Environmental'' to after ``Fund''.
Delegation of Functions
Functions of President under this section delegated to Secretary of
State by section 3(a) of Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R.
12107, set out as a note under section 1738 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1738e, 1738g, 1738h, 1738i,
1738k of this title; title 12 section 635i-6.
