§ 1458. Grant-in-aid to municipalities and agencies of the State

(a) A municipality or agency of the State that desires State assistance to control aquatic nuisances may apply in writing to the Agency of Natural Resources in a manner prescribed by the Agency of Natural Resources.

(b) When the Agency finds that a proposed aquatic nuisance control program is suitable to control or minimize the effect an aquatic nuisance has on water quality and water use, it may award a grant of 75 percent or less of the project costs as determined by the Agency. Recurring maintenance projects may be awarded grants of 75 percent or less of the annual project cost. In approving requests and determining the amount of any grant, the Agency shall consider the following:

(1) the use of the waters by persons outside the municipality in which the waters are located;

(2) the long-range effect of the control project;

(3) the recreational use of the waters; and

(4) the effectiveness of municipal shoreland zoning and other controls in minimizing or preventing existing or new development from having any adverse effects on the waters subject to the control program.

(c) The Agency shall make awards to priority projects to the extent funds are available. First priority shall be projects to manage incipient infestations of aquatic nuisances, second priority shall be projects to prevent or control the further spread of aquatic nuisances, and third priority shall be recurring maintenance projects. In establishing priorities for individual projects, the Agency shall consider the following:

(1) public accessibility and recreational uses;

(2) the importance to commercial, agricultural, or other interests;

(3) the degree of local interest, as manifested by municipal or other contributions to the project;

(4) local efforts to control aquatic nuisances;

(5) other considerations affecting feasibility, probability of achieving long-term control, and necessity or advantage of the proposed work; and

(6) the extent to which the control project is a developmental rather than a maintenance program.

(d) With the approval of the Secretary, the Agency may use funds provided under this section as well as other funds for restoration, management, or protection projects or for studies in the best interests of the State when the appropriate municipal applicant is not available or not eligible to receive a grant.

(e) When the Agency finds that a proposed aquatic nuisance control program is necessary and involves construction or installation of permanent facilities designed to control or minimize the effect that an aquatic nuisance has on water quality or water use, it may award a grant of up to 50 percent of the nonfederal costs of the project provided that evidence is received that the project applicant has voted funds in a specific amount to undertake the project. The applicant shall demonstrate it has or will acquire adequate interests in the site of the project to provide undisturbed possession and use during the life of the project and shall demonstrate ability to operate and maintain the project. The applicant may enter into agreements with the Agency for prosecution of all or any portion of the project. For purposes of this subsection, corporations registered with the Secretary of State may be eligible applicants.

(f) The Agency may make periodic grant payments upon submission by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. Partial payments shall be made not more frequently than monthly. After the project has been completed and its costs audited by the Agency, the Agency shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment. Interest costs incurred in local short-term borrowing of the grant amount may be reimbursed as part of the grant. (Added 2009, No. 46, § 1, eff. July 1, 2010.)