| S 1466 IS
107th CONGRESS
1st Session
S. 1466
To amend the Consolidated
Farm and Rural Development Act to provide grants for special environmental
assistance for the regulation of communities and habitat (`SEARCH grants')
to small communities.
IN THE SENATE OF THE UNITED
STATES
September 26, 2001
Mr. CRAPO (for himself and Mr.
CRAIG) introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Consolidated
Farm and Rural Development Act to provide grants for special environmental
assistance for the regulation of communities and habitat (`SEARCH grants')
to small communities.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Project SEARCH Act of 2001'.
SEC. 2. FINDINGS.
(1) small communities often
struggle to meet environmental goals because of difficulty in securing
funding;
(2) often, sources of funding
for environmental projects require expensive, complex studies or other
application materials;
(3) a small community that
secures funding for an environmental project from a traditional source
often is unable to provide matching funds required by the traditional source;
and
(4) small communities would
benefit from a grant program designed to provide funding for environmental
projects--
(A) through a simplified
application process; and
(B) without the requirement
of matching funds.
SEC. 3. SEARCH GRANTS FOR SMALL
COMMUNITIES.
The Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) is amended by adding at the
end the following:
`Subtitle G--SEARCH Grants for
Small Communities
`SEC. 391. DEFINITIONS.
`(1) COUNCIL- The term `council'
means an independent citizens' council established by section 392(b).
`(2) ENVIRONMENTAL PROJECT-
`(A) IN GENERAL- The term
`environmental project' means a project that--
`(i) benefits human health
or the environment; and
`(ii) is necessary to comply
with an environmental law (including a regulation).
`(B) INCLUSION- The term
`environmental project' includes an initial feasibility study of a project.
`(3) REGION- The term `region'
means a geographic area of a State, as determined by the Governor of the
State.
`(4) SEARCH GRANT- The term
`SEARCH grant' means a grant for special environmental assistance for the
regulation of communities and habitat awarded under section 392(c)(3).
`(5) SMALL COMMUNITY- The
term `small community' means an incorporated or unincorporated rural community
having a population of not more than 2,500 individuals.
`(6) STATE- The term `State'
has the meaning given the term in section 381A.
`SEC. 392. SEARCH GRANT PROGRAM.
`(1) ESTABLISHMENT- There
is established the SEARCH Grant Program.
`(A) IN GENERAL- Not later
than October 1 of each fiscal year, a State may submit to the Secretary
an application to receive a grant under paragraph (3) for the fiscal year.
`(B) APPLICATION REQUIREMENTS-
An application under subparagraph (A) shall contain--
`(i) a certification by
the State that the State has appointed members to the council of the State
under subsection (b)(2)(C); and
`(ii) such information as
the Secretary may reasonably require.
`(3) GRANT TO STATE- Not
later than 60 days after the date on which the Office of Management and
Budget apportions any amounts made available under this subtitle, for each
fiscal year after the date of enactment of this subtitle, the Secretary
shall, on request by a State--
`(A) determine whether any
application submitted by the State under paragraph (2) meets the requirements
of that paragraph; and
`(B) subject to section
394(b) and subsection (c)(4)(B), if the Secretary determines that the application
meets the requirements of paragraph (2)(B), award a grant of not to exceed
$1,000,000 to the State, to be used by the council of the State to award
SEARCH grants under subsection (b)(3).
`(b) INDEPENDENT CITIZENS'
COUNCIL-
`(1) ESTABLISHMENT- There
is established in each State an independent citizens' council to carry
out the duties described in this section.
`(A) IN GENERAL- Each council
shall be composed of 9 members, appointed by the Governor of the State.
`(B) REPRESENTATION; RESIDENCE-
Each member of a council shall--
`(i) represent an individual
region of the State, as determined by the Governor
of the State in which the council
is established; and
`(ii) reside in a small
community of the State.
`(C) APPOINTMENT- Before
a State receives funds under this subtitle, the State shall appoint members
to the council for the fiscal year, except that not more than 1 member
shall be an agent, employee, or official of the State government.
`(D) CHAIRPERSON- Each council
shall select a chairperson from among the members of the council, except
that a member who is an agent, employee, or official of the State government
shall not serve as chairperson.
`(E) FEDERAL REPRESENTATION-
An agent, employee, or official of the Federal Government may participate
in the activities of the council--
`(i) in an advisory capacity;
and
`(ii) at the invitation
of the council.
`(A) IN GENERAL- Each council
shall review applications for, and recommend awards of, SEARCH grants to
small communities that meet the eligibility criteria under subsection (c).
`(B) RECOMMENDATIONS- In
awarding a SEARCH grant, a State--
`(i) shall follow the recommendations
of the council of the State;
`(ii) shall award the funds
for any recommended environmental project in a timely and expeditious manner;
and
`(iii) shall not award a
SEARCH grant to a grantee or project in violation of any law of the State
(including a regulation).
`(C) NO MATCHING REQUIREMENT-
A small community that receives a SEARCH grant under this section shall
not be required to provide matching funds.
`(c) SEARCH GRANTS FOR SMALL
COMMUNITIES-
`(1) ELIGIBILITY- A SEARCH
grant shall be awarded under this section only to a small community for
1 or more environmental projects for which the small community--
`(A) needs funds to carry
out initial feasibility or environmental studies before applying to traditional
funding sources; or
`(B) demonstrates, to the
satisfaction of the council, that the small community has been unable to
obtain sufficient funding from traditional funding sources.
`(A) DATE- The council shall
establish such deadline by which small communities shall submit applications
for grants under this section as will permit the council adequate time
to review and make recommendations relating to the applications.
`(B) LOCATION OF APPLICATION-
A small community shall submit an application described in subparagraph
(A) to the council in the State in which the small community is located.
`(C) CONTENT OF APPLICATION-
An application described in subparagraph (A) shall include--
`(i) a description of the
proposed environmental project (including an explanation of how the project
would assist the small community in complying with an environmental law
(including a regulation));
`(ii) an explanation of
why the project is important to the small community;
`(iii) a description of
all actions taken with respect to the project, including a description
of any attempt to secure funding and a description of demonstrated need
for funding for the project, as of the date of the application; and
`(iv) a SEARCH grant application
form provided by the council, completed and with all required supporting
documentation.
`(3) REVIEW AND RECOMMENDATION-
`(A) IN GENERAL- Except
as provided in subparagraph (B), not later than March 5 of each fiscal
year, each council shall--
`(i) review all applications
received under paragraph (2); and
`(ii) recommend for award
SEARCH grants to small communities based on--
`(I) an evaluation of the
eligibility criteria under paragraph (1); and
`(II) the content of the
application.
`(B) EXTENSION OF DEADLINE-
The State may extend the deadline described in subparagraph (A) by not
more than 10 days in a case in which the receipt of recommendations from
a council under subparagraph (A)(ii) is delayed because of circumstances
beyond the control of the council, as determined by the State.
`(A) IN GENERAL- If, for
any fiscal year, any unexpended funds remain after SEARCH grants are awarded
under subsection (b)(3)(B), the council may repeat the application and
review process so that any remaining funds may be recommended for award,
and awarded, not later than July 30 of the fiscal year.
`(i) IN GENERAL- Any unexpended
funds that are not awarded under subsection (b)(3)(B) or subparagraph (A)
shall be retained by the State for award during the following fiscal year.
`(ii) LIMITATION- A State
that accumulates a balance of unexpended funds described in clause (i)
of more than $3,000,000 shall be ineligible to apply for additional funds
for SEARCH grants until such time as the State expends the portion of the
balance that exceeds $3,000,000.
`SEC. 393. REPORT.
`Not later than September
1 of the first fiscal year for which a SEARCH grant is awarded by a council,
and annually thereafter, the council shall submit to the Secretary a report
that--
`(1) describes the number
of SEARCH grants awarded during the fiscal year;
`(2) identifies each small
community that received a SEARCH grant during the fiscal year;
`(3) describes the project
or purpose for which each SEARCH grant was awarded, including a statement
of the benefit to public health or the environment of the environmental
project receiving the grant funds; and
`(4) describes the status
of each project or portion of a project for which a SEARCH grant was awarded,
including a project or portion of a project for which a SEARCH grant was
awarded for any fiscal year before the fiscal year in which the report
is submitted.
`SEC. 394. FUNDING.
`(a) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated to carry out section 392(a)(3) $50,000,000.
`(b) ACTUAL APPROPRIATION-
If funds to carry out section 392(a)(3) are made available for a fiscal
year in an amount that is less than the amount authorized under subsection
(a) for the fiscal year, the appropriated funds shall be divided equally
among the 50 States.
`(c) UNUSED FUNDS- If, for
any fiscal year, a State does not apply, or does not qualify, to receive
funds under section 392(a)(2), the funds that would have been made available
to the State under section 392(a)(3) on submission by the State of a successful
application under section 392(a)(2) shall be redistributed for award under
this subtitle among States, the councils of which awarded 1 or more SEARCH
grants during the preceding fiscal year.
`(d) OTHER EXPENSES- There
are authorized to be appropriated such sums as are necessary to carry out
the provisions of this subtitle (other than section 392(a)(3)).'.
END
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