Sec. 5. Grants and assistance
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To the extent that funds are available to carry out this section, the Secretary shall establish a grant program to be known as the Delaware River Basin restoration grant program to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, community organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d). The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish 1 or more of the following:
Restoration or protection of fish and wildlife and the habitats of fish and wildlife. Improvement or protection of water quality by reducing pollutants and restoring headwater areas and drinking water basins. Improvement of the management of water volume and mitigation of flood damage to support the ecological needs of fish and wildlife and the habitats of fish and wildlife. Inclusion of priority needs or actions identified in the Basin-wide strategy adopted under section 4(b)(2).
Inclusion of restoration and protection activities with multiple benefits in the Basin, including habitat, water quality, and flood damage mitigation. The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.
The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. If the Secretary enters into an agreement under paragraph (1), the organization selected shall— for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; invest and reinvest those amounts for the benefit of the grant program; and otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act.
If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ). The Secretary may provide, or provide for, technical assistance to carry out this section, on a nonreimbursable basis, to— other Federal agencies; State and local governments; nonprofit organizations; community organizations; institutions of higher education; or other entities, as the Secretary determines to be appropriate.
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