I

107TH CONGRESS

1ST SESSION H. R. 1519

To provide grants for special environmental assistance for the regulation

of communities and habitat (‘‘SEARCH grants’’) to small communities.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. SIMPSON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

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. DEFINITIONS.

19 In this Act, the following definitions apply:

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency.

23 (2) COUNCIL.—The term ‘‘council’’ means an

24 independent citizens’ council established by section

25 4(b).
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1 (3) ENVIRONMENTAL PROJECT.—

2 (A) IN GENERAL.—The term ‘‘environ3 mental project’’ means a project that—

4 (i) benefits human health or the envi5 ronment; and

6 (ii) is necessary to comply with an en7 vironmental law (including a regulation).

8 (B) INCLUSION.—The term ‘‘environ9 mental project’’ includes an initial feasibility

10 study of a project.

11 (4) REGION.—The term ‘‘region’’ means a geo12 graphic area of a State, as determined by the Gov13 ernor of the State.

14 (5) SEARCH GRANT.—The term ‘‘SEARCH

15 grant’’ means a grant for special environmental as16 sistance for the regulation of communities and habi17 tat awarded under section 4(c)(3).

18 (6) SMALL COMMUNITY.—The term ‘‘small

19 community’’ means an incorporated or unincor20 porated community having a population of not more

21 than 2,500 individuals.

22 SEC. 4. SEARCH GRANT PROGRAM.

23 (a) IN GENERAL.—

24 (1) ESTABLISHMENT.—There is established the

25 SEARCH Grant Program.
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1 (2) STATE REQUIREMENTS.—

2 (A) IN GENERAL.—Not later than October

3 1 of each fiscal year, a State may submit to the

4 Administrator an application to receive a grant

5 under paragraph (3) for the fiscal year.

6 (B) APPLICATION REQUIREMENTS.—An

7 application under subparagraph (A) shall

8 contain—

9 (i) a certification by the State that

10 the State has appointed members to the

11 council of the State under subsection

12 (b)(2)(C); and

13 (ii) such information as the Adminis14 trator may reasonably require.

15 (3) GRANT TO STATE.—Not later than 60 days

16 after the date on which the Office of Management

17 and Budget apportions any amounts made available

18 under this Act, for each fiscal year after the date of

19 enactment of this Act, the Administrator shall, on

20 request by a State—

21 (A) determine whether any application

22 submitted by the State under paragraph (2)

23 meets the requirements of that paragraph; and

24 (B) subject to section 6(b), if the Adminis25 trator determines that the application meets the
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1 requirements of paragraph (2)(B), award a

2 grant of $1,000,000 to the State, to be used by

3 the council of the State to award SEARCH

4 grants under subsection (b)(3).

5 (b) INDEPENDENT CITIZENS’ COUNCIL.—

6 (1) ESTABLISHMENT.—There is established in

7 each State an independent citizens’ council to carry

8 out the duties described in this section.

9 (2) COMPOSITION.—

10 (A) IN GENERAL.—Each council shall be

11 composed of 9 members, appointed by the Gov12 ernor of the State.

13 (B) REPRESENTATION; RESIDENCE.—Each

14 member of a council shall—

15 (i) represent an individual region of

16 the State, as determined by the Governor

17 of the State in which the council is estab18 lished; and

19 (ii) reside in a small community of the

20 State.

21 (C) APPOINTMENT.—Before a State re22 ceives funds under this Act, the State shall ap23 point members to the council for the fiscal year;

24 except that not more than 1 member shall be
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1 an agent, employee, or official of the State gov2 ernment.

3 (D) CHAIRPERSON.—Each council shall se4 lect a chairperson from among the members of

5 the council, except that a member who is an

6 agent, employee, or official of the State govern7 ment shall not serve as chairperson.

8 (E) FEDERAL REPRESENTATION.—An

9 agent, employee, or official of the Federal Gov10 ernment shall participate in the activities of the

11 council only—

12 (i) in an advisory capacity; and

13 (ii) at the invitation of the council.

14 (3) SEARCH GRANTS.—

15 (A) IN GENERAL.—Each council shall re16 view applications for, and recommend awards

17 of, SEARCH grants to small communities that

18 meet the eligibility criteria under subsection (c).

19 (B) RECOMMENDATIONS.—In accordance

20 with State law, in awarding a SEARCH grant,

21 a State shall—

22 (i) follow the recommendations of the

23 council; and
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1 (ii) award the funds for any rec2 ommended environmental project in a

3 timely and expeditious manner.

4 (C) NO MATCHING REQUIREMENT.—A

5 small community that receives a SEARCH

6 grant under this section shall not be required to

7 provide matching funds.

8 (c) SEARCH GRANTS FOR SMALL COMMUNITIES.—

9 (1) ELIGIBILITY.—A council may recommend

10 the award of a SEARCH grant under this section to

11 a small community for an environmental project for

12 which the small community—

13 (A) demonstrates, to the satisfaction of the

14 council, that the small community has pursued

15 traditional funding sources for the environ16 mental project and has not obtained funding, or

17 has obtained insufficient funding, from those

18 sources; or

19 (B) needs funds to carry out initial feasi20 bility or environmental studies before applying

21 to traditional funding sources.

22 (2) APPLICATION.—To apply for a SEARCH

23 grant under this section, not later than February 5

24 of the fiscal year for which the grant is to be rec25 ommended for award, a small community shall sub-
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1 mit to the council in the State in which the small

2 community is located an application that includes—

3 (A) a description of the proposed environ4 mental project (including an explanation of how

5 the project would assist the small community in

6 complying with an environmental law (including

7 a regulation);

8 (B) an explanation of why the project is

9 important to the small community;

10 (C) a description of all actions taken with

11 respect to the project, including any attempt to

12 secure funding and a description of dem13 onstrated need for funding for the project, as of

14 the date of the application; and

15 (D) a SEARCH grant application form

16 provided by the council, completed and with all

17 required supporting documentation.

18 (3) REVIEW AND AWARD.—Not later than

19 March 5 of each fiscal year, each council shall—

20 (A) review all applications received under

21 paragraph (2); and

22 (B) recommend for award SEARCH

23 grants to small communities based on—

24 (i) an evaluation of the eligibility cri25 teria under paragraph (1); and
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1 (ii) the content of the application.

2 (4) UNEXPENDED FUNDS.—

3 (A) IN GENERAL.—If any unexpended

4 funds remain after SEARCH grants are award5 ed under subsection (b)(3)(B), the council may

6 repeat the application and review process so

7 that any remaining funds may be recommended

8 for award, and awarded, not later than July 30.

9 (B) RETENTION OF FUNDS.—Any unex10 pended funds that are not awarded under sub11 section (b)(3)(B) or subparagraph (A) shall be

12 retained for award during the following fiscal

13 year.

14 SEC. 5. REPORT.

15 Not later than September 1 of the first fiscal year

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

17 annually thereafter, the council shall submit to the Admin18 istrator a report that—

19 (1) describes the number of SEARCH grants

20 awarded during the fiscal year;

21 (2) identifies each small community that re22 ceived a SEARCH grant during the fiscal year;

23 (3) describes the project or purpose for which

24 each SEARCH grant was awarded, including a

25 statement of the benefit to public health or the envi-
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1 ronment of the environmental project receiving the

2 grant funds; and

3 (4) describes the status of each project or por4 tion of a project for which a SEARCH grant was

5 awarded, including a project or portion of a project

6 for which a SEARCH grant was awarded for any

7 fiscal year before the fiscal year in which the report

8 is submitted.

9 SEC. 6. FUNDING.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out section 4(a)(3)

12 $50,000,000.

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

14 section 4(a)(3) are made available for a fiscal year in an

15 amount that is less than the amount authorized under

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

17 shall be divided equally among the 50 States.

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

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

20 section 4(a)(2), the funds that would have been made

21 available to the State under section 4(a)(3) on submission

22 by the State of a successful application under section

23 4(a)(2) shall be redistributed for award under this Act

24 among States, the councils of which awarded 1 or more

25 SEARCH grants during the preceding fiscal year.
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1 (d) OTHER EXPENSES.—There are authorized to be

2 appropriated such sums as are necessary to carry out the

3 provisions of this Act (other than section 4(a)(3)).

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