Sec. 6. Grants
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/bill/113/s/646/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Foundation shall establish the following: Application and review procedures for the awarding of grants under this section, including requirements ensuring that any amounts awarded under such subsections may only be used for an eligible use described under section 5. Approval procedures for the awarding of grants under this section that require consultation with the Secretary of Commerce and the Secretary of the Interior. Eligibility criteria for awarding grants— under subsection
(b)to coastal States; and under subsection
(c)to entities including States, Indian tribes, regional bodies, associations, non-governmental organizations, and academic institutions. Performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection
(b)or (c). Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section, including standards of record keeping. Procedures to carry out audits of the Endowment as necessary, but not less frequently than once every 5 years. Procedures to carry out audits of the recipients of grants under this section. The Foundation shall submit to the Secretary each procedure, measure, method, and standard established under paragraph (1). Not later than 90 days after receiving the procedures, measures, methods, and standards under subparagraph (A), the Secretary shall— determine whether to approve or disapprove of such procedures, measures, methods, and standards; and notify the Foundation of such determination. If the Secretary disapproves of the procedures, measures, methods, and standards under subparagraph (B), the Secretary shall include in notice submitted under clause
(ii)of such subparagraph the rationale for such disapproval. Not later than 30 days after the Foundation receives notification under subparagraph (B)(ii) that the Secretary has disapproved the procedures, measures, methods, and standards, the Foundation shall revise such procedures, measures, methods, and standards and submit such revised procedures, measures, methods, and standards to the Secretary. Not later than 30 days after receiving revised procedures, measures, methods, and standards resubmitted under subparagraph (D), the Secretary shall— determine whether to approve or disapprove the revised procedures, measures, methods, and standards; and notify the Foundation of such determination. Subject to paragraphs
(2)and (3), the Foundation shall award grants of amounts allocated under section 4(e)(2)(A) to coastal States that have a coastal management program approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ), based on the following formula: Fifty percent of the funds are allocated equally among such coastal States. Twenty-five percent of the funds are allocated on the basis of the ratio of tidal shoreline miles in a coastal State to the tidal shoreline miles of all coastal States. Twenty-five percent of the funds are allocated on the basis of the ratio of population density of the coastal shoreline counties of a coastal State to the population density of all coastal shoreline counties. Notwithstanding paragraph (1), not more than 10 percent of the total funds distributed under this subsection may be allocated to any single State. Any amount exceeding this limit shall be redistributed among the remaining States according to the formula established under paragraph (1). Notwithstanding paragraph (1), each geographic area described in subparagraph
(B)may not receive more than 1 percent of the total funds distributed under this subsection. Any amount exceeding this limit shall be redistributed among the remaining States according to the formula established under paragraph (1). The geographic areas described in this subparagraph are the following: American Samoa. The Commonwealth of the Northern Mariana Islands. Guam. Puerto Rico. The Virgin Islands. To be eligible to receive a grant under this subsection, a coastal State shall submit to the Secretary, and the Secretary shall review, a 5-year plan, which shall include the following: A prioritized list of goals the coastal State intends to achieve during the time period covered by the 5-year plan. Identification and general descriptions of existing State projects or activities that contribute to realization of such goals, including a description of the entities conducting those projects or activities. General descriptions of projects or activities, consistent with the eligible uses described in section 5, applicable provisions of law relating to the environment, and existing Federal ocean policy, that could contribute to realization of such goals. Criteria to determine eligibility for entities which may receive grants under this subsection. A description of the competitive process the coastal State will use in allocating funds received from the Endowment, except in the case of allocating funds under paragraph (7), which shall include— a description of the relative roles in the State competitive process of the State coastal zone management program approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) and any State Sea Grant Program; and a demonstration that such competitive process is consistent with the application and review procedures established by the Foundation under subsection (a)(1). As a condition of receiving a grant under this subsection, a coastal State shall submit to the Secretary, not less frequently than once every 5 years, an update to the plan submitted by the coastal State under subparagraph
(A)for the 5-year period immediately following the most recent submittal under this paragraph. In determining whether to approve a plan or an update to a plan described in subparagraph
(A)or
(B)of paragraph (4), the Secretary shall provide the opportunity for, and take into consideration, public input and comment on the plan. Not later than 30 days after the opportunity for public comment on a plan or an update to a plan of a coastal State under paragraph (5), the Secretary shall notify such coastal State that the Secretary— approves the plan as submitted; or disapproves the plan as submitted. If the Secretary disapproves a proposed plan or an update of a plan submitted under subparagraph
(A)or
(B)of paragraph (4), the Secretary shall provide notice of such disapproval to the submitting coastal State in writing, and include in such notice the rationale for the Secretary’s decision. If the Secretary disapproves a plan of a coastal State under subparagraph (A), the coastal State shall resubmit the plan to the Secretary not later than 30 days after receiving the notice of disapproval under subparagraph (B). Not later than 60 days after receiving a plan resubmitted under subparagraph (C), the Secretary shall review the plan. As a condition on receipt of a grant under this subsection, a State that receives a grant under this subsection shall ensure that Indian tribes in the State are eligible to participate in the competitive process described in the State's plan under paragraph (4)(A)(v). The Foundation may use amounts allocated under section 4(e)(2)(B) to award grants according to the procedures established in subsection
(a)to support activities consistent with section 5. The Foundation shall establish an advisory panel to conduct reviews of applications for grants under paragraph
(1)and the Foundation shall consider the recommendations of the Advisory Panel with respect to such applications. The advisory panel established under subparagraph
(A)shall include persons representing a balanced and diverse range, as determined by the Foundation, of— ocean, coastal, and Great Lakes dependent industries; geographic regions; nonprofit conservation organizations with a mission that includes the conservation and protection of living marine resources and their habitats; and academic institutions with strong scientific or technical credentials and experience in marine science or policy.
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