123STA T . 11 67PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i)INGE NE RAL.—TheS e cr e ta r ym ay p r ov i d eto a g ra n t recipient a f ir s t - phase grant in an amo u nt not greater than $10 0 , 000 each year for a period of not more than 3 years. (ii) M AN D A TO R YUS EO F FUNDS.— A grant recipient that receives a first-phase grant sha l l use the funds— (I) to esta b lish or enlarge a w atershed group
(II) to develop a mission statement for the watershed group; (III) to develop pro j ect concepts; and (I V ) to develop a restoration plan. (iii) ANNUAL DETER MI NATION OF ELIGI B ILITY.— (I) D ETERMINATION.— F or each year of a first- phase grant, not later than 27 0 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding. (II) E FFE C T OF DETERMINATION.—If the Sec- retary determines under subclause (I) that the progress of a grant recipient during the year cov- ered by the determination justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year. (iv) AD V ANCEMENT CONDITIONS.—A grant recipient shall not be eligible to receive a second-phase grant under subparagraph ( B ) until the date on which the Secretary determines that the watershed group— (I) has approved articles of incorporation and bylaws governing the organi z ation; and (II)(aa) holds regular meetings; (bb) has completed a mission statement; and (cc) has developed a restoration plan and project concepts for the watershed. (v) E X CE P TION.—A watershed group that has not applied for or received first-phase grants may apply for and receive second-phase grants under subpara- graph (B) if the Secretary determines that the group has satisfied the re q uirements of first-phase grants. (B) SECOND P H ASE.— (i) IN GENERAL.—A watershed group may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if— (I) the watershed group has applied for and received watershed grants under subparagraph (A); or (II) the Secretary determines that the water- shed group has satisfied the requirements of first- phase grants. (ii) MANDATORY USE OF FUNDS.—A grant recipient that receives a second-phase grant shall use the funds to plan and carry out watershed management projects. (iii) ANNUAL DETERMINATION OF ELIGIBILITY.— (I) DETERMINATION.—For each year of the second-phase grant, not later than 270 days after the date on which a grant recipient first receives Deadlin e . Deadline.
