II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Project SEARCH Act

5 of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) small communities often struggle to meet

2 environmental goals because of difficulty in securing

3 funding;

4 (2) often, sources of funding for environmental

5 projects require expensive, complex studies or other

6 application materials;

7 (3) a small community that secures funding for

8 an environmental project from a traditional source

9 often is unable to provide matching funds required

10 by the traditional source; and

11 (4) small communities would benefit from a

12 grant program designed to provide funding for envi13 ronmental projects—

14 (A) through a simplified application proc15 ess; and

16 (B) without the requirement of matching

17 funds.

18 SEC. 3. SEARCH GRANTS FOR SMALL COMMUNITIES.

19 The Consolidated Farm and Rural Development Act

20 (7 U.S.C. 1921 et seq.) is amended by adding at the end

21 the following:

22 ‘‘Subtitle G—SEARCH Grants for

23 Small Communities

24 ‘‘SEC. 391. DEFINITIONS.

25 ‘‘In this subtitle:
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1 ‘‘(1) COUNCIL.—The term ‘council’ means an

2 independent citizens’ council established by section

3 392(b).

4 ‘‘(2) ENVIRONMENTAL PROJECT.—

5 ‘‘(A) IN GENERAL.—The term ‘environ6 mental project’ means a project that—

7 ‘‘(i) benefits human health or the en8 vironment; and

9 ‘‘(ii) is necessary to comply with an

10 environmental law (including a regulation).

11 ‘‘(B) INCLUSION.—The term ‘environ12 mental project’ includes an initial feasibility

13 study of a project.

14 ‘‘(3) REGION.—The term ‘region’ means a geo15 graphic area of a State, as determined by the Gov16 ernor of the State.

17 ‘‘(4) SEARCH GRANT.—The term ‘SEARCH

18 grant’ means a grant for special environmental as19 sistance for the regulation of communities and habi20 tat awarded under section 392(c)(3).

21 ‘‘(5) SMALL COMMUNITY.—The term ‘small

22 community’ means an incorporated or unincor23 porated rural community having a population of not

24 more than 2,500 individuals.
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1 ‘‘(6) STATE.—The term ‘State’ has the mean2 ing given the term in section 381A.

3 ‘‘SEC. 392. SEARCH GRANT PROGRAM.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) ESTABLISHMENT.—There is established

6 the SEARCH Grant Program.

7 ‘‘(2) STATE REQUIREMENTS.—

8 ‘‘(A) IN GENERAL.—Not later than Octo9 ber 1 of each fiscal year, a State may submit

10 to the Secretary an application to receive a

11 grant under paragraph (3) for the fiscal year.

12 ‘‘(B) APPLICATION REQUIREMENTS.—An

13 application under subparagraph (A) shall

14 contain—

15 ‘‘(i) a certification by the State that

16 the State has appointed members to the

17 council of the State under subsection

18 (b)(2)(C); and

19 ‘‘(ii) such information as the Sec20 retary may reasonably require.

21 ‘‘(3) GRANT TO STATE.—Not later than 60

22 days after the date on which the Office of Manage23 ment and Budget apportions any amounts made

24 available under this subtitle, for each fiscal year
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1 after the date of enactment of this subtitle, the Sec2 retary shall, on request by a State—

3 ‘‘(A) determine whether any application

4 submitted by the State under paragraph (2)

5 meets the requirements of that paragraph; and

6 ‘‘(B) subject to section 394(b) and sub7 section (c)(4)(B), if the Secretary determines

8 that the application meets the requirements of

9 paragraph (2)(B), award a grant of not to ex10 ceed $1,000,000 to the State, to be used by the

11 council of the State to award SEARCH grants

12 under subsection (b)(3).

13 ‘‘(b) INDEPENDENT CITIZENS’ COUNCIL.—

14 ‘‘(1) ESTABLISHMENT.—There is established in

15 each State an independent citizens’ council to carry

16 out the duties described in this section.

17 ‘‘(2) COMPOSITION.—

18 ‘‘(A) IN GENERAL.—Each council shall be

19 composed of 9 members, appointed by the Gov20 ernor of the State.

21 ‘‘(B) REPRESENTATION; RESIDENCE.—

22 Each member of a council shall—

23 ‘‘(i) represent an individual region of

24 the State, as determined by the Governor
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1 of the State in which the council is estab2 lished; and

3 ‘‘(ii) reside in a small community of

4 the State.

5 ‘‘(C) APPOINTMENT.—Before a State re6 ceives funds under this subtitle, the State shall

7 appoint members to the council for the fiscal

8 year, except that not more than 1 member shall

9 be an agent, employee, or official of the State

10 government.

11 ‘‘(D) CHAIRPERSON.—Each council shall

12 select a chairperson from among the members

13 of the council, except that a member who is an

14 agent, employee, or official of the State govern15 ment shall not serve as chairperson.

16 ‘‘(E) FEDERAL REPRESENTATION.—An

17 agent, employee, or official of the Federal Gov18 ernment may participate in the activities of the

19 council—

20 ‘‘(i) in an advisory capacity; and

21 ‘‘(ii) at the invitation of the council.

22 ‘‘(3) SEARCH GRANTS.—

23 ‘‘(A) IN GENERAL.—Each council shall re24 view applications for, and recommend awards
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1 of, SEARCH grants to small communities that

2 meet the eligibility criteria under subsection (c).

3 ‘‘(B) RECOMMENDATIONS.—In awarding a

4 SEARCH grant, a State—

5 ‘‘(i) shall follow the recommendations

6 of the council of the State;

7 ‘‘(ii) shall award the funds for any

8 recommended environmental project in a

9 timely and expeditious manner; and

10 ‘‘(iii) shall not award a SEARCH

11 grant to a grantee or project in violation of

12 any law of the State (including a regula13 tion).

14 ‘‘(C) NO MATCHING REQUIREMENT.—A

15 small community that receives a SEARCH

16 grant under this section shall not be required to

17 provide matching funds.

18 ‘‘(c) SEARCH GRANTS FOR SMALL COMMU19 NITIES.—

20 ‘‘(1) ELIGIBILITY.—A SEARCH grant shall be

21 awarded under this section only to a small commu22 nity for 1 or more environmental projects for which

23 the small community—
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1 ‘‘(A) needs funds to carry out initial feasi2 bility or environmental studies before applying

3 to traditional funding sources; or

4 ‘‘(B) demonstrates, to the satisfaction of

5 the council, that the small community has been

6 unable to obtain sufficient funding from tradi7 tional funding sources.

8 ‘‘(2) APPLICATION.—

9 ‘‘(A) DATE.—The council shall establish

10 such deadline by which small communities shall

11 submit applications for grants under this sec12 tion as will permit the council adequate time to

13 review and make recommendations relating to

14 the applications.

15 ‘‘(B) LOCATION OF APPLICATION.—A

16 small community shall submit an application

17 described in subparagraph (A) to the council in

18 the State in which the small community is lo19 cated.

20 ‘‘(C) CONTENT OF APPLICATION.—An ap21 plication described in subparagraph (A) shall

22 include—

23 ‘‘(i) a description of the proposed en24 vironmental project (including an expla25 nation of how the project would assist the
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1 small community in complying with an en2 vironmental law (including a regulation));

3 ‘‘(ii) an explanation of why the project

4 is important to the small community;

5 ‘‘(iii) a description of all actions taken

6 with respect to the project, including a de7 scription of any attempt to secure funding

8 and a description of demonstrated need for

9 funding for the project, as of the date of

10 the application; and

11 ‘‘(iv) a SEARCH grant application

12 form provided by the council, completed

13 and with all required supporting docu14 mentation.

15 ‘‘(3) REVIEW AND RECOMMENDATION.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), not later than March 5 of

18 each fiscal year, each council shall—

19 ‘‘(i) review all applications received

20 under paragraph (2); and

21 ‘‘(ii) recommend for award SEARCH

22 grants to small communities based on—

23 ‘‘(I) an evaluation of the eligi24 bility criteria under paragraph (1);

25 and
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1 ‘‘(II) the content of the applica2 tion.

3 ‘‘(B) EXTENSION OF DEADLINE.—The

4 State may extend the deadline described in sub5 paragraph (A) by not more than 10 days in a

6 case in which the receipt of recommendations

7 from a council under subparagraph (A)(ii) is

8 delayed because of circumstances beyond the

9 control of the council, as determined by the

10 State.

11 ‘‘(4) UNEXPENDED FUNDS.—

12 ‘‘(A) IN GENERAL.—If, for any fiscal year,

13 any unexpended funds remain after SEARCH

14 grants are awarded under subsection (b)(3)(B),

15 the council may repeat the application and re16 view process so that any remaining funds may

17 be recommended for award, and awarded, not

18 later than July 30 of the fiscal year.

19 ‘‘(B) RETENTION OF FUNDS.—

20 ‘‘(i) IN GENERAL.—Any unexpended

21 funds that are not awarded under sub22 section (b)(3)(B) or subparagraph (A)

23 shall be retained by the State for award

24 during the following fiscal year.
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1 ‘‘(ii) LIMITATION.—A State that accu2 mulates a balance of unexpended funds de3 scribed in clause (i) of more than

4 $3,000,000 shall be ineligible to apply for

5 additional funds for SEARCH grants until

6 such time as the State expends the portion

7 of the balance that exceeds $3,000,000.

8 ‘‘SEC. 393. REPORT.

9 ‘‘Not later than September 1 of the first fiscal year

10 for which a SEARCH grant is awarded by a council, and

11 annually thereafter, the council shall submit to the Sec12 retary a report that—

13 ‘‘(1) describes the number of SEARCH grants

14 awarded during the fiscal year;

15 ‘‘(2) identifies each small community that re16 ceived a SEARCH grant during the fiscal year;

17 ‘‘(3) describes the project or purpose for which

18 each SEARCH grant was awarded, including a

19 statement of the benefit to public health or the envi20 ronment of the environmental project receiving the

21 grant funds; and

22 ‘‘(4) describes the status of each project or por23 tion of a project for which a SEARCH grant was

24 awarded, including a project or portion of a project

25 for which a SEARCH grant was awarded for any
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1 fiscal year before the fiscal year in which the report

2 is submitted.

3 ‘‘SEC. 394. FUNDING.

4 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

5 is authorized to be appropriated to carry out section

6 392(a)(3) $50,000,000.

7 ‘‘(b) ACTUAL APPROPRIATION.—If funds to carry out

8 section 392(a)(3) are made available for a fiscal year in

9 an amount that is less than the amount authorized under

10 subsection (a) for the fiscal year, the appropriated funds

11 shall be divided equally among the 50 States.

12 ‘‘(c) UNUSED FUNDS.—If, for any fiscal year, a State

13 does not apply, or does not qualify, to receive funds under

14 section 392(a)(2), the funds that would have been made

15 available to the State under section 392(a)(3) on submis16 sion by the State of a successful application under section

17 392(a)(2) shall be redistributed for award under this sub18 title among States, the councils of which awarded 1 or

19 more SEARCH grants during the preceding fiscal year.

20 ‘‘(d) OTHER EXPENSES.—There are authorized to be

21 appropriated such sums as are necessary to carry out the

22 provisions of this subtitle (other than section 392(a)(3)).’’.

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