16 USC 7501 - Definitions

Collapse to view only § 7501. Definitions

§ 7501. Definitions
§ 7502. Purposes and agreements
§ 7503. National Oceans and Coastal Security Fund
§ 7504. Eligible uses
§ 7505. Grants
§ 7506. Annual report
§ 7507. Funding

§ 7501. Definitions

In this chapter:

(1) Coastal county

(2) Coastal State

(3) Foundation

(4) Fund

(5) Indian tribe

(6) Administrator

(7) Tidal shoreline

(Pub. L. 114–113, div. O, title IX, § 902, Dec. 18, 2015, 129 Stat. 3031.)

§ 7502. Purposes and agreements

(a) Purposes

(b) Agreements

(Pub. L. 114–113, div. O, title IX, § 903, Dec. 18, 2015, 129 Stat. 3031.)

§ 7503. National Oceans and Coastal Security Fund

(a) Establishment

(b) Deposits

(1) In general

(2) Prohibitions on donations from foreign governments

Any amounts received by the Foundation pursuant to this chapter shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), except the provisions of—

(1) section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B)); and

(2) section 10(a) of that Act (16 U.S.C. 3709(a)).

(d) Expenditure

Of the amounts deposited into the Fund for each fiscal year—

(1) funds may be used by the Foundation to award grants to coastal States under section 7505(b) of this title;

(2) funds may be used by the Foundation to award grants under section 7505(c) of this title;

(3) no more than 2 percent may be used by the Administrator and the Foundation for administrative expenses to carry out this chapter, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.

(e) Recovery of payments

After notice and an opportunity for a hearing, the Administrator is authorized to recover any Federal payments under this section if the Foundation—

(1) makes a withdrawal or expenditure from the Fund that is not consistent with the requirements of section 7504 of this title; or

(2) fails to comply with a procedure, measure, method, or standard established under section 7505(a)(1) of this title.

(Pub. L. 114–113, div. O, title IX, § 904, Dec. 18, 2015, 129 Stat. 3031.)

§ 7504. Eligible uses

(a) In general

(b) Prohibition on use of funds for litigation or other purposes

No funds made available under this chapter may be used to—

(1) fund litigation against the Federal Government; or

(2) fund the creation of national marine monuments and marine protected areas, marine spatial planning, or the National Ocean Policy.

(Pub. L. 114–113, div. O, title IX, § 905, Dec. 18, 2015, 129 Stat. 3032; Pub. L. 117–263, div. J, title C, § 10001(b), Dec. 23, 2022, 136 Stat. 3951.)

§ 7505. Grants

(a) Administration of grants

(1) In generalNot 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:

(A) 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 7504 of this title.

(B) Selection procedures and criteria for the awarding of grants under this section that—

(i) require consultation with the Administrator and the Secretary of the Interior; and

(ii) prioritize the projects or activities where non-Federal partners have committed to share the cost of the project.

(i) under subsection (b) to coastal States; and

(ii) under subsection (c) to—(I) entities including States, local governments, and Indian tribes; and(II) the research and restoration work of associations, nongovernmental organizations, public-private partnerships, and academic institutions.

(D) Performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection (b) or (c).

(E) Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section, including standards of recordkeeping.

(F) Procedures to carry out audits of the Fund as necessary, but not less frequently than once every year if grants have been awarded in that year.

(G) Procedures to carry out audits of the recipients of grants under this section.

(H) 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.

(2) Approval

(b) Grants to coastal States

(1) In generalThe Administrator and the Foundation may award grants according to the procedures established in subsection (a) to coastal States and United States territories to support activities consistent with section 7503 1

1 See References in Text note below.

of this title. In determining distribution of grants, the Foundation may—

(A) consider for each State—

(i) percent of total United States shoreline miles;

(ii) coastal population density; and

(iii) other factors;

(B) establish criteria for States, including the requirement for a State to establish a plan to distribute the funds; and

(2) Indian tribes

(1) In general

(2) Advisory panel

(A) In general

(B) MembershipThe advisory panel described under subparagraph (A) shall include persons representing—

(i) ocean and coastal dependent industries;

(ii) geographic regions as defined by the Foundation; and

(iii) academic institutions.

(Pub. L. 114–113, div. O, title IX, § 906, Dec. 18, 2015, 129 Stat. 3032.)

§ 7506. Annual report

(a) Requirement for annual report

(b) Content

Each annual report submitted under subsection (a) for a fiscal year shall include—

(1) a full and complete statement of the receipts, including the source of all receipts, expenditures, and investments of the Fund;

(2) a statement of the amounts deposited in the Fund and the balance remaining in the Fund at the end of the fiscal year; and

(3) a description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.

(Pub. L. 114–113, div. O, title IX, § 907, Dec. 18, 2015, 129 Stat. 3034.)

§ 7507. Funding

There is authorized to be appropriated such sums as are necessary for fiscal years 2017, 2018, and 2019 for this chapter.

(Pub. L. 114–113, div. O, title IX, § 908, Dec. 18, 2015, 129 Stat. 3034.)