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Code · BILL · 115th Congress · H.R. 4426 (Introduced in House) — To reform Federal onshore and offshore fossil fuel leasing, exploration, and development; promote renewable energy on... · Sec. 506

Sec. 506. Ocean Resources Conservation and Assistance (ORCA) Fund

1,258 words·~6 min read·/bill/115/hr/4426/ih/section-506

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ORCA ) Fund There is established in the Treasury of the United States a separate account to be known as the Ocean Resources Conservation and Assistance Fund, referred to in this section as the ORCA Fund . The ORCA Fund shall be credited with amounts as specified in section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ), as amended by section 514 of this title. Of the amounts deposited in the ORCA Fund each fiscal year— 70 percent shall be allocated to the Secretary of Commerce, of which— 1⁄2 shall be used to make grants to coastal States and affected Indian tribes under subsection (b); and 1⁄2 shall be used for the ocean, coastal, and Great Lakes grants program established by subsection (c); 20 percent shall be allocated to the Secretary of Commerce to carry out the purposes of subsection (e); and 10 percent shall be allocated to the Secretary of Commerce to make grants to Regional Ocean Partnerships under subsection (d).
Amounts allocated to the Secretary of Commerce under subparagraph
(A)shall be available without further appropriation. The Secretary of Commerce shall establish application, review, oversight, financial accountability, and performance accountability procedures for each grant program for which funds are allocated under this subsection. The Secretary of Commerce may use amounts allocated under subsection (a)(3)(A)(i)(I) to make grants to— coastal States pursuant to the formula established under section 306(c) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455(c) ); and affected Indian tribes based on and proportional to any specific coastal and ocean management authority granted to an affected tribe pursuant to affirmation of a Federal reserved right. To be eligible to receive a grant under this subsection, a coastal State or affected Indian tribe must prepare and revise a 5-year plan and annual work plans that— demonstrate that activities for which the coastal State or affected Indian tribe will use the funds are consistent with the eligible uses of the Fund described in subsection (f); and provide mechanisms to ensure that funding is made available to government, nongovernment, and academic entities to carry out eligible activities at the county and local level. Plans required under paragraph
(2)must be submitted to and approved by the Secretary of Commerce. In determining whether to approve such plans, the Secretary of Commerce shall provide opportunity for, and take into consideration, public input and comment on the plans from stakeholders and the general public. For each of the fiscal years 2018–2022, the Secretary of Commerce may use funds allocated for grants under this subsection to make grants to coastal States and affected tribes under section 321 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.), as amended by this Act. Any amounts provided as a grant under this subsection, other than as a grant under paragraph (4), may only be used for activities described in subsection (f). The Secretary of Commerce shall use amounts allocated under subsection (a)(3)(A)(i)(II) to make competitive grants for conservation and management of ocean, coastal, and Great Lakes ecosystems and marine resources. The Secretary of Commerce shall establish an Ocean, Coastal, and Great Lakes Review Panel (in this subsection referred to as the Panel ), which shall consist of 12 members appointed by the Secretary of Commerce with expertise in the conservation and management of ocean, coastal, and Great Lakes ecosystems and marine resources. In appointing members to the Council, the Secretary of Commerce shall include a balanced diversity of representatives of relevant Federal agencies, the private sector, nonprofit organizations, and academia. The Panel shall— review, in accordance with the procedures and criteria established under paragraph (3), grant applications under this subsection; make recommendations to the Secretary of Commerce regarding which grant applications should be funded and the amount of each grant; and establish any specific requirements, conditions, or limitations on a grant application recommended for funding. The Secretary of Commerce shall establish— procedures for applying for a grant under this subsection and criteria for evaluating applications for such grants; and criteria, in consultation with the Panel, to determine what persons are eligible for grants under the program. Persons eligible under the criteria under subparagraph (A)(ii) shall include Federal, State, affected tribal, and local agencies, fishery or wildlife management organizations, nonprofit organizations, and academic institutions. In making grants under this subsection the Secretary of Commerce shall give the highest priority to the recommendations of the Panel. If the Secretary of Commerce disapproves a grant recommended by the Panel, the Secretary of Commerce shall explain that disapproval in writing. Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f). The Secretary of Commerce may use amounts allocated under subsection (a)(3)(A)(iii) to make grants to Regional Ocean Partnerships. In order to be eligible to receive a grant, a Regional Ocean Partnership must prepare and annually revise a plan that— identifies regional science and information needs, regional goals and priorities, and mechanisms for facilitating coordinated and collaborative responses to regional issues; establishes a process for coordinating and collaborating with the Regional Coordination Councils established under section 503 to address regional issues and information needs and achieve regional goals and priorities; and demonstrates that activities to be carried out with such funds are eligible uses of the funds identified in subsection (f). Such plans must be submitted to and approved by the Secretary of Commerce. In determining whether to approve such plans, the Secretary of Commerce shall provide opportunity for, and take into consideration, input and comment on the plans from stakeholders and the general public. Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f). The Secretary of Commerce shall use the amounts allocated under subsection (a)(3)(A)(ii) to build, operate, and maintain the system established under section 12304 of Public Law 111–11 ( 33 U.S.C. 3603 ), in accordance with the purposes and policies for which the system was established. The Secretary of Commerce shall administer and distribute funds under this subsection based upon comprehensive system budgets adopted by the Council referred to in section 12304(c)(1)(A) of Public Law 111–11 ( 33 U.S.C. 3603(c)(1)(A) ). Any funds made available under this section may only be used for activities that contribute to the conservation, protection, maintenance, and restoration of ocean, coastal, and Great Lakes ecosystems in a manner that is consistent with Federal environmental laws and that avoids environmental degradation, including— activities to conserve, protect, maintain, and restore coastal, marine, and Great Lakes ecosystem health; activities to protect marine biodiversity and living marine and coastal resources and their habitats, including fish populations; the development and implementation of multiobjective, science- and ecosystem-based plans for monitoring and managing the wide variety of uses affecting ocean, coastal, and Great Lakes ecosystems and resources that consider cumulative impacts and are spatially explicit where appropriate; activities to improve the resiliency of those ecosystems; activities to improve the ability of those ecosystems to become more resilient, and to adapt to and withstand the impacts of climate change and ocean acidification; planning for and managing coastal development to minimize the loss of life and property associated with sea level rise and the coastal hazards resulting from it; research, assessment, monitoring, and dissemination of information that contributes to the achievement of these purposes; research of, protection of, enhancement to, and activities to improve the resiliency of culturally significant areas and resources; and activities designed to rescue, rehabilitate, and recover injured marine mammals, marine birds, and sea turtles.
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  • Pub. L. 111-11
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cites case law
Sec. 506
Ocean Resources Conservation and Assistance (ORCA) Fund
U.S.C.§ 1338
U.S.C.§ 1455
U.S.C.§ 1451
U.S.C.§ 3603
Pub. L.Pub. L. 111-11
Cites 5Cited by 0 across 0 sources
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