US CODE: Title 7,2009ee–1. SEARCH grant program

TITLE 7 > CHAPTER 50 > SUBCHAPTER X > § 2009ee–1

§ 2009ee–1. SEARCH grant program

(a) In general

The Secretary, in coordination with the Administrator of the Environmental Protection Agency, may establish the SEARCH grant program.

(b) Allocation to State rural development directors

(1) In general

Subject to paragraph (2) and section 2009ee–3 (a)(2) of this title, not later than 60 days after the date on which the Director of the Office of Management and Budget apportions any amounts made available under this subchapter for any of fiscal years 2002 through 2007, the Secretary, on request of a State rural development director (in coordination with the environmental protection director of the State), shall allocate to the State rural development director an amount not to exceed $1,000,000, to be used by the State rural development director to award SEARCH grants under subsection (d) of this section.

(2) Grants to States

The total amount of funds allocated to State rural development directors in all States other than Alaska, Hawaii, or the 48 contiguous States for a fiscal year under this subsection shall not exceed $1,000,000.

(1) Establishment

The State rural development director of a State shall establish an independent citizens’ council to carry out the duties described in this section.

(2) Composition

(A) In general

A council shall be composed of 9 members, appointed by the State rural development director, in coordination with the environmental protection director of the State.

(B) Representation; residence

Each member of a council shall—

(i) represent an individual region of the State, as determined by the State rural development director; and

(ii) reside in a small community in the State.

(d) 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—

(1) needs funds to carry out initial feasibility or environmental studies as required by Federal or State law before applying to traditional funding sources; and

(2) demonstrates that the small community has been unable to obtain sufficient funding from traditional funding sources.

(e) Applications

To be eligible to receive a SEARCH grant, a small community in a State shall submit to the State rural development director of the State an application that includes—

(1) a description of the proposed environmental project (including an explanation of how the project would assist the small community in complying with a Federal or State environmental law (including a regulation);

(2) an explanation of why the project is important to the small community;

(3) a description of all actions taken with respect to the project as of the date of the application, including any attempt to secure funding; and

(4) a description of demonstrated need for funding for the project.

(f) Awards

(1) In general

Not later than May 1 of each fiscal year, a State rural development director, in coordination with the council and the environmental protection director of the State, shall—

(A) review all applications received by the State rural development director under subsection (e) of this section; and

(B) award SEARCH grants to small communities based on—

(i) an evaluation of whether the proposed project meets the eligibility criteria under subsection (d) of this section; and

(ii) the content of the application.

(2) Administration

In awarding a SEARCH grant, a State rural development director—

(A) shall award the funds for any recommended environmental project in a timely and expeditious manner; and

(B) shall not award a SEARCH grant to a grantee or project in violation of any Federal or State law (including a regulation).

(3) Matching requirement

A small community that receives a SEARCH grant under this section may be required to provide matching funds.

(g) Unexpended funds

(1) In general

If, for any fiscal year, any unexpended funds remain after SEARCH grants are awarded by a State rural development director under subsection (f) of this section, the State rural development director, in coordination with the environmental protection director of the State, may repeat the application and review process so that any remaining funds are recommended for award, and awarded, not later than July 30 of the fiscal year.

(2) Retention of funds

(A) In general

Any unexpended funds that are not awarded under subsection (f) of this section or paragraph (1) shall be retained by the State rural development director for award during the following fiscal year.

(B) Limitation

A State SEARCH account that accumulates a balance of unexpended funds described in subparagraph (A) in excess of $2,000,000 shall be ineligible to receive additional funds for SEARCH grants until such time as the State rural development director awards grants in the amount of the excess.

Notes
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Parallel authorities (CFR)
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