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16 U.S.C. § 7505 — Grants

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 7505 — Grants

Page 2698 TITLE 16—CONSERVATION § 7502 chapter] may be cited as the ‘National Oceans and Coastal Security Act’.’’ § 7502. Purposes and agreements (a) Purposes The purposes of this chapter are to better un- derstand and utilize the oceans, coasts, and Great Lakes of the United States, and ensure present and future generations will benefit from the full range of ecological, economic, social, and recreational opportunities, security, and services these resources are capable of pro- viding. (b) Agreements The Administrator and the Foundation may enter into such agreements as may be necessary to carry out the purposes of this chapter. (Pub. L. 114–113, div. O, title IX, § 903, Dec. 18, 2015, 129 Stat. 3031.) § 7503. National Oceans and Coastal Security Fund (a) Establishment The Administrator and the Foundation are au- thorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this chapter. (b) Deposits (1) In general There shall be deposited into the Fund amounts appropriated or otherwise made available to carry out this chapter. (2) Prohibitions on donations from foreign gov- ernments No amounts donated by a foreign govern- ment, as defined in section 7342 of title 5, may be deposited into the Fund. (c) Requirements Any amounts received by the Foundation pur- suant to this chapter shall be subject to the pro- visions of the National Fish and Wildlife Foun- dation 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

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Stable record: federal_law:legal_authorities:usc2024-88d401d1d802b3f51f48e6c0
Source file: Laws/federal/codes/united-states-code-2024/title-16/section-7505-grants--95a1da4eef.md
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Page 2698 TITLE 16—CONSERVATION § 7502 chapter] may be cited as the ‘National Oceans and Coastal Security Act’.’’ § 7502. Purposes and agreements (a) Purposes The purposes of this chapter are to better un- derstand and utilize the oceans, coasts, and Great Lakes of the United States, and ensure present and future generations will benefit from the full range of ecological, economic, social, and recreational opportunities, security, and services these resources are capable of pro- viding. (b) Agreements The Administrator and the Foundation may enter into such agreements as may be necessary to carry out the purposes of this chapter. (Pub. L. 114–113, div. O, title IX, § 903, Dec. 18, 2015, 129 Stat. 3031.) § 7503. National Oceans and Coastal Security Fund (a) Establishment The Administrator and the Foundation are au- thorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this chapter. (b) Deposits (1) In general There shall be deposited into the Fund amounts appropriated or otherwise made available to carry out this chapter. (2) Prohibitions on donations from foreign gov- ernments No amounts donated by a foreign govern- ment, as defined in section 7342 of title 5, may be deposited into the Fund. (c) Requirements Any amounts received by the Foundation pur- suant to this chapter shall be subject to the pro- visions of the National Fish and Wildlife Foun- dation 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 ad- ministrative expenses to carry out this chap- ter, which amount shall be divided between the Administrator and the Foundation pursu- ant to an agreement reached and documented by both the Administrator and the Founda- tion. (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 re- quirements of section 7504 of this title; or (2) fails to comply with a procedure, meas- ure, 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.) Editorial Notes REFERENCES IN TEXT The National Fish and Wildlife Foundation Establish- ment Act, referred to in subsec. (c), is Pub. L. 98–244, Mar. 26, 1984, 98 Stat. 107, which is classified generally to chapter 57 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. § 7504. Eligible uses (a) In general Amounts in the Fund may be allocated by the Foundation to support programs and activities intended to better understand and utilize ocean and coastal resources, coastal infrastructure, and ecosystem services provided by natural sys- tems such as coral reefs, including baseline sci- entific research, ocean observing, and other pro- grams and activities carried out in coordination with Federal and State departments or agencies. (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 Gov- ernment; or (2) fund the creation of national marine monuments and marine protected areas, ma- rine 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.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘, coastal infrastructure, and ecosystem services pro- vided by natural systems such as coral reefs’’ for ‘‘and coastal infrastructure’’. § 7505. Grants (a) Administration of grants (1) In general Not later than 90 days after funds are depos- ited 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 de- scribed under section 7504 of this title. (B) Selection procedures and criteria for the awarding of grants under this section that— Page 2699 TITLE 16—CONSERVATION § 7506 1 See References in Text note below. 1 So in original. (i) require consultation with the Admin- istrator and the Secretary of the Interior; and (ii) prioritize the projects or activities where non-Federal partners have com- mitted to share the cost of the project. (C) Eligibility criteria for awarding grants— (i) under subsection (b) to coastal States; and (ii) under subsection (c) to— (I) entities including States, local gov- ernments, and Indian tribes; and (II) the research and restoration work of associations, nongovernmental orga- nizations, public-private partnerships, and academic institutions. (D) Performance accountability and moni- toring measures for programs and activities funded by a grant awarded under subsection (b) or (c). (E) Procedures and methods to ensure ac- curate accounting and appropriate adminis- tration 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 The Foundation shall submit to the Admin- istrator for approval each procedure, measure, method, and standard established under para- graph (1). (b) Grants to coastal States (1) In general The Administrator and the Foundation may award grants according to the procedures es- tablished in subsection (a) to coastal States and United States territories to support ac- tivities consistent with section 7503 1 of this title. In determining distribution of grants, the Foundation may— (A) consider for each State— (i) percent of total United States shore- line 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 (C) establish a maximum and minimum percentage of funding to be awarded to each State or United States territory. (2) Indian tribes 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 any competitive grants established in this chapter. (c) National grants for oceans, coasts, and Great Lakes (1) In general The Administrator and the Foundation may award grants according to the procedures es- tablished in subsection (a) to support activi- ties consistent with section 7504 of this title. (2) Advisory panel (A) In general The Foundation may establish an advisory panel to conduct reviews of applications for grants under paragraph (1) and the Founda- tion may consider the recommendations of the advisory panel with respect to such ap- plications. (B) Membership The advisory panel described under sub- paragraph (A) shall include persons rep- resenting— (i) ocean and coastal dependent indus- tries; (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.) Editorial Notes REFERENCES IN TEXT Section 7503 of this title, referred to in subsec. (b), was in the original ‘‘section 904’’, meaning section 904 of div. O of Pub. L. 114–113, which is classified to sec- tion 7503 of this title, but probably should have been a reference to section 905 of div. O of Pub. L. 114–113, which is classified to section 7504 of this title. See sub- sec. (c)(1) of this section. § 7506. Annual report (a) Requirement for annual report Subject to subsection (c),1 beginning with fis- cal year 2017, not later than 60 days after the end of each fiscal year, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the oper- ation of the Fund during that fiscal year. (b) Content Each annual report submitted under sub- section (a) for a fiscal year shall include— (1) a full and complete statement of the re- ceipts, including the source of all receipts, ex- penditures, 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.)

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3701 — Establishment and purposes of Foundation

**(a) Establishment** There is established the National Fish and Wildlife Foundation (hereinafter in this chapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. **(b) Purposes** The purposes of the Foundation are— (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, plants, and other natural resources; (2) to undertake and conduct such other activities as will further the conservation and management of the fish, wildlife, and plant resources of the United States, and its territories and possessions, for present and future generations of Americans; and (3) to participate with, and otherwise assist, foreign governments, entities, and individuals in undertaking and conducting activities that will further the conservation and management of the fish, wildlife, and plant resources of other countries.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3701 — Establishment and purposes of Founda-

Page 2324 TITLE 16—CONSERVATION § 3701 CODIFICATION Section is comprised of section 16 of Pub. L. 99–5. Sec- tion 16(c) of Pub. L. 99–5 amended section 3632 of this title. Pub. L. 109–479, § 302(d)(1), which directed that the text of section 623 of title VI of H.R. 3421 (113 Stat. 1501A–56), as introduced on November 17, 1999, enacted into law by section 1000(a)(1) of Pub. L. 106–113 and amended by Pub. L. 106–533, 114 Stat. 2762A–108, be transferred to and renumbered as section 16 of the Pa- cific Salmon Treaty Act, was executed by transferring Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623], as amended by Pub. L. 106–553, § 1(a)(2) [title VI, § 628], to and renumbering it as section 16 of Pub. L. 99–5, which is the Pacific Salmon Treaty Act of 1985, to reflect the probable intent of Congress. See source credit above. AMENDMENTS 2009—Subsec. (d)(2)(A). Pub. L. 111–8, which directed amendment of ‘‘Section (d)(2)(A) of title 16 U.S.C. 3645’’ by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’, was executed by making the amendment to section 16 of Pub. L. 99–5, which is classified to this section, to reflect the prob- able intent of Congress. 2007—Pub. L. 109–479, § 302(d)(1)(B)(ii), inserted section catchline. Subsec. (d)(2)(A). Pub. L. 109–479, § 302(d)(2), inserted ‘‘sustainable salmon fisheries,’’ after ‘‘enhancement,’’, ‘‘2005, 2006, 2007, 2008, and 2009,’’ after ‘‘2003,’’, and ‘‘Idaho,’’ after ‘‘Oregon,’’. 2004—Pub. L. 108–447, which directed the amendment of section 628(2)(A) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, Pub. L. 106–553, by sub- stituting ‘‘2005’’ for ‘‘2000, 2001, 2002, and 2003’’ and in- serting ‘‘Idaho,’’ after ‘‘Oregon,’’, was not executed, be- cause

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3703 — Rights and obligations of Foundation

**(a) In general** The Foundation— (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; (3) shall have its principal offices in the District of Columbia or in a county in the State of Maryland or Virginia that borders on the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. **(b) Seal** The Foundation shall have an official seal selected by the Board which shall be judicially noticed. **(c) Powers** (1) **In general** — To carry out the purposes described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim), the Foundation shall have, in addition to the powers otherwise given it under this chapter, the usual powers of a corporation acting as a trustee in the District of Columbia, including the power— (A) to accept, receive, solicit, hold, administer and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein, subject to subsection (e); (C) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; (D) to deposit any funds provided to the Foundation by the Federal Government into

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3703 — Rights and obligations of Foundation

Page 2327 TITLE 16—CONSERVATION § 3703 1 So in original. The word ‘‘and’’ probably should not appear. ‘‘(1) 2 shall be appointed to a term of 2 years; ‘‘(2) 2 shall be appointed to a term of 4 years; and ‘‘(3) 2 shall be appointed to a term of 6 years; as specified by the Secretary of the Interior at the time of appointment.’’ COMPLETION OF APPOINTMENTS Pub. L. 103–232, title I, § 103(d), Apr. 11, 1994, 108 Stat. 337, provided that: ‘‘The Secretary of the Interior shall appoint the additional members of the Board of Direc- tors of the National Fish and Wildlife Foundation au- thorized by the amendment made by subsection (a) [(b)] [amending this section], by not later than 60 days after the date of the enactment of this Act [Apr. 11, 1994].’’ AUTHORITY OF BOARD NOT AFFECTED Pub. L. 103–232, title I, § 103(e), Apr. 11, 1994, 108 Stat. 337, provided that: ‘‘The authority of the Board of Di- rectors of the National Fish and Wildlife Foundation to take any action otherwise authorized by law shall not be affected by reason of the Secretary of the Interior not having completed the appointment of Directors of the Board of Directors of the National Fish and Wildlife Foundation pursuant to the amendment made by sub- section (b)(1) [amending this section].’’ § 3703. Rights and obligations of Foundation (a) In general The Foundation— (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, and possessions of the United States and abroad; (3) shall have its principal offices in the Dis- trict of Columbia or in a county in the State of Maryland or Virginia that borders on the District of Columbia; and (4) shall at all times maintain a designated agent authorized to accept service of process for the Foundatio

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3709 — Authorization of appropriations

**(a) Authorization of appropriations** (1) **In general** — There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2030— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. (2) **Requirement of advance payment** — The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. (3) **Use of appropriated funds** — Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation, or to a recipient of a grant provided by the Foundation, by private persons and State and local government agencies. (4) **Prohibition on use for administrative expenses** — No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. **(b) Additional authorization** (1) **Amounts from Federal agencies** (A) *In general* — In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities are authorized to provide funds to the Foundation through Federal financial assistance grants, cooperative agreements, participating agreements, and similar instruments used for providing partnership funds, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlif

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3709 — Authorization of appropriations

Page 2331 TITLE 16—CONSERVATION § 3709 as a note under section 1113 of Title 31, Money and Fi- nance. § 3707. United States release from liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foun- dation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. (Pub. L. 98–244, § 8, Mar. 26, 1984, 98 Stat. 110.) § 3708. Reservation of right to amend or repeal chapter The Congress expressly reserves the right to repeal or amend this chapter at any time. (Pub. L. 98–244, § 9, Mar. 26, 1984, 98 Stat. 110.) § 3709. Authorization of appropriations (a) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2030— (A) $15,000,000 to the Secretary of the Inte- rior; (B) $5,000,000 to the Secretary of Agri- culture; and (C) $5,000,000 to the Secretary of Com- merce. (2) Requirement of advance payment The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the en- tire amount on October 1, or as soon as prac- ticable thereafter, of the fiscal year. (3) Use of appropriated funds Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in cur- rency, services, or property) made to the Foundation, or to a recipient of a grant pro- vided by the Foundation, by private persons and State and local government agencies. (4) Prohibition on use for administrative ex- penses No Federal funds made available under para- graph (1) shall be used by the Foundation for administrative expenses of the Foundation,

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 7505 — Grants

**(a) Administration of grants** (1) **In general** — 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: (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7504&num=0&edition=prelim). (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. (C) Eligibility criteria for awarding grants— (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 sect

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