North Carolina § 143B-135 - 238. Grant requirements.

§ 143B-135. 238. Grant requirements.

Eligible Applicants. - Any of the following are eligible to apply for a grant from the Fund for the purpose of protecting and enhancing water quality: A State agency. A local government unit. A nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of our State's cultural, environmental, or natural resources. Criteria. - The criteria developed by the Trustees under G.S. 143B-135.242 apply to grants made under this Part. Matching Requirement. - The Board of Trustees shall establish matching requirements for grants awarded under this Part. This requirement may be satisfied by the donation of land to a public or private nonprofit conservation organization as approved by the Board of Trustees. The Board of Trustees may also waive the requirement to match a grant pursuant to guidelines adopted by the Board of Trustees. Restriction. - No grant shall be awarded under this Part for any of the following purposes: To satisfy compensatory mitigation requirements under 33 USC § 1344 or G.S. 143-214.11. To any project receiving State funds authorized by G.S. 143-215.71 for the nonfederal share of a grant under the Environmental Quality Incentives Program. Withdrawal. - An award of a grant under this Part is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the award, unless the Trustees find that the applicant has good cause for the failure. If the Trustees find good cause for a recipient's failure, the Trustees must set a date by which the recipient must take action or forfeit the grant. History (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 6; 2006-178, s. 1; 2007-185, s. 1; 2014-100, s. 14.8(c); 2015-241, s. 14.30(k1), (r1); 2020-18, s. 12(b).) Editor's Note. - Former G.S. 113A-254 was recodified as G.S. 143B-135.238 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" throughout the section. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2020-18, s. 16(a), provides: "If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are declared to be severable." Effect of Amendments. - Session Laws 2005-454, s. 6, effective January 1, 2006, rewrote the section heading; deleted "Grant" following "eligible" in (a); substituted "unit" for "or other political subdivision of the State or a combination of such entities" in subdivision (a)(2); added subsection (a1); deleted "Grant" from the beginning of subsection (b); substituted "Restrictions" for "Grants Not Available to Satisfy Compensatory Mitigation Requirements" in subsection (c); and added subsections (d) through (f). Session Laws 2014-100, s. 14.8(c), effective July 1, 2014, rewrote subdivision (a)(3), and subsection (a1); and deleted former subsections (d) and (e), concerning waste limits and stormwater limits. Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subsections and redesignated former subsections (a1) through (f) as present subsections (b) through (e); and substituted "G.S. 143B-135.242" for "G.S. 113A-256" in subsection (b). Session Laws 2020-18, s. 12(b), effective June 12, 2020, rewrote subsection (d). Opinions of Attorney General Eligible Grant Recipients. - A local band of Indians is not eligible to receive grants under the Clean Water Management Trust Fund. See opinion of Attorney General to David McNaught, Executive Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 26 (6/3/98).