Page:United States Statutes at Large Volume 123.djvu/1464

 123STA T . 1 4 44 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9governm en tac ce s s ) to or u seo fp r i vate propert y un l ess suc h property or an interest in such property ( inclu d ing a conserva - tion easement) has b een purchased w ith funds made available under this section .‘ ‘(e) RECOGNIT ION O FAU T H O R IT Y TO C ONTRO LLA N DUS E. —N othing in this title modifies the authority of F ederal ,S tate, or local governments to regulate land use. ‘‘(f) M ATCHING RE Q UIRE M ENTS.— ‘‘( 1 ) I N GENERAL.— T he Secretary may not ma k e a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. ‘‘( 2 ) COST SHARE REQUIREMENT.— ‘‘(A) IN GENERAL.— G rant funds under the program shall re q uirea1 0 0 percent match from other non-Federal sources. ‘‘( B ) W AI V ER OF REQUIREMENT.—The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the pur- poses of the program. ‘‘( 3 ) O THER FEDERAL FUNDS.—Where financial assistance awarded under this section represents only a portion of the total cost of a pro j ect, funding from other Federal sources may be applied to the cost of the project. E ach portion shall be subject to match requirements under the applicable provision of law. ‘‘( 4 ) SOURCE OF MATCHING COST SHARE.—For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following ‘‘(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that— ‘‘(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant applica- tion and ending 3 years after the date of the award of the grant ‘‘(ii) the value of the land or easement is held by a non-governmental organi z ation included in the grant application in perpetuity for conservation pur- poses of the program; and ‘‘(iii) the land or easement is connected either phys- ically or through a conservation planning process to the land or easement that would be acquired. ‘‘(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share. ‘‘(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non- Federal match if the activities are identified in the plan and e x penses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. Timep e r i od.D e t ermi na tion.