Page:United States Statutes at Large Volume 121.djvu/319

 121 STAT. 298

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Deadline.

VerDate Aug 31 2005

13:52 Jan 23, 2009

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) whether the State encompasses an economically significant border crossing; and ‘‘(F) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and ‘‘(2) the anticipated effectiveness of the State’s proposed use of grant funds to improve interoperability. ‘‘(i) OPPORTUNITY TO AMEND APPLICATIONS.—In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards. ‘‘(j) MINIMUM GRANT AMOUNTS.— ‘‘(1) STATES.—In awarding grants under this section, the Secretary shall ensure that for each fiscal year, except as provided in paragraph (2), no State receives a grant in an amount that is less than the following percentage of the total amount appropriated for grants under this section for that fiscal year: ‘‘(A) For fiscal year 2008, 0.50 percent. ‘‘(B) For fiscal year 2009, 0.50 percent. ‘‘(C) For fiscal year 2010, 0.45 percent. ‘‘(D) For fiscal year 2011, 0.40 percent. ‘‘(E) For fiscal year 2012 and each subsequent fiscal year, 0.35 percent. ‘‘(2) TERRITORIES AND POSSESSIONS.—In awarding grants under this section, the Secretary shall ensure that for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive grants in amounts that are not less than 0.08 percent of the total amount appropriated for grants under this section for that fiscal year. ‘‘(k) CERTIFICATION.—Each State that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the State’s approved Statewide Interoperable Communications Plan. ‘‘(l) STATE RESPONSIBILITIES.— ‘‘(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS.—Not later than 45 days after receiving grant funds, any State that receives a grant under this section shall obligate or otherwise make available to local and tribal governments— ‘‘(A) not less than 80 percent of the grant funds; ‘‘(B) with the consent of local and tribal governments, eligible expenditures having a value of not less than 80 percent of the amount of the grant; or ‘‘(C) grant funds combined with other eligible expenditures having a total value of not less than 80 percent of the amount of the grant. ‘‘(2) ALLOCATION OF FUNDS.—A State that receives a grant under this section shall allocate grant funds to tribal governments in the State to assist tribal communities in improving interoperable communications, in a manner consistent with the Statewide Interoperable Communications Plan. A State may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant funds or resources to the tribal government. ‘‘(3) PENALTIES.—If a State violates the requirements of this subsection, in addition to other remedies available to the

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