Sec. 5. Eligible uses
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Amounts in the Fund may be allocated by the Foundation to support programs and activities intended to protect, conserve, and restore ocean and coastal resources and coastal infrastructure, including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies, including the following: Ocean, coastal, and Great Lakes restoration and protection, including efforts to address potential impacts of sea level change, changes in ocean chemistry, and changes in ocean temperature.
Restoration, protection, or maintenance of living ocean, coastal, and Great Lakes resources and their habitats. Planning for and managing coastal development to enhance ecosystem integrity or minimize impacts from sea level change and coastal erosion. Analyses of current and anticipated impacts of ocean acidification and potential responses. Projects to address management issues which are regional or interstate in scope. Efforts that contribute to the understanding of ecological, economic, and societal threats faced by changes to the oceans, coasts, and Great Lakes.
Efforts to better understand the processes that govern the fate and transport of petroleum hydrocarbons released into the marine environment from natural and anthropogenic sources, including spills and spill response and preparedness technologies. Efforts to preserve, protect, and expand coastal access for persons engaged in water-dependent commercial activities including commercial fishing, recreational fishing businesses, aquaculture, boatbuilding, or other water-dependent coastal-related businesses.
Efforts to assist coastal States in strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resiliency of bridges, roads, pedestrian walkways, and bicycle transportation facilities, and associated infrastructure, that are already subject to or face increased future risks of coastal flooding, coastal erosion, or sea level change. Acquiring property or interests in property if— the area is located within a coastal shoreline county or adjacent county; the funds made available under this subtitle are used to acquire land or interest in land by purchase, exchange, or donation from a willing seller; the Governor of the State in which the property or interests in property are acquired approves of the acquisition; and such property or interest is acquired in a manner that will ensure such property or interest will be administered to support the purposes of this Act.
Protection and relocation of critical coastal public infrastructure affected by erosion or sea level change. An amount from the Fund may not be allocated to fund a project or activity described in paragraph
(10)or
(11)of subsection
(a)unless non-Federal contributions in an amount equal to 30 percent or more of the cost of such project or activity is made available to carry out such project or activity. No funds made available under this Act may be used to fund litigation over any matter.