Sec. 6. Grants
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Not later than 90 days after funds are deposited into the Fund and made available to the Foundation for administrative purposes, 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. Selection procedures and criteria for the awarding of grants under this section that— require consultation with the Secretary and the Secretary of the Interior; and prioritize projects where non-Federal partners have committed to share the cost of the project.
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 recordkeeping. Procedures to carry out audits of the Fund as necessary, but not less frequently than once every 5 years. Procedures to carry out audits of the recipients of grants under this section. Procedures to make publicly available on the Internet a list of all projects funded by the Fund, that includes at a minimum the grant recipient, grant amount, project description, and project status. The Foundation shall submit to the Secretary for approval each procedure, measure, method, and standard established under paragraph (1). Subject to paragraph (3), the Foundation shall award grants of amounts allocated under section 4(e)(2)(A) to eligible 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. In this subsection, the term eligible coastal State means— a coastal State that has a coastal management program approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ); or during the period beginning on the date of the enactment of this Act and ending on December 31, 2018, a coastal State that had, during the period beginning January 1, 2008, and ending on the date of the enactment of this Act, a coastal management program approved under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ). 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 eligible coastal 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 eligible coastal 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 for approval, a 5-year plan, which shall include the following: 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 Fund, 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). A process to certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements. Procedures to make publicly available on the Internet a list. 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 (5), the Secretary shall provide the opportunity for, and take into consideration, public input and comment on 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 (5)(A)(ii). 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— dependent industries; geographic regions; nonprofit organizations; and academic institutions.
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