§722 Cooperation with eligible entities

Summary

The Commandant can give federal money or grants (but not loans or loan guarantees) to certain governments, tribes, or Native Hawaiian groups when Congress provides the funds. The help is to reduce harm from Coast Guard actions, like base expansion, that affect natural or cultural resources, whether the effects are direct or indirect. The money can be used to limit development or use of those resources, keep or restore access (including treaty and subsistence fisheries), repair or replace tribal or Native Hawaiian resources if they are damaged (after talking with the affected tribe or group), and improve resources outside a Coast Guard site when needed to prevent problems that could interfere with Coast Guard activities. The funds cannot be used so the Coast Guard itself receives money. Before making an agreement or grant, the Commandant must notify certain Congressional committees in writing at least 3 full business days beforehand: the Senate Committee on Commerce, Science, and Transportation or the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Transportation and Infrastructure. If the recipient is an Indian Tribe, Tribal organization, or Native Hawaiian organization, the Senate Committee on Indian Affairs must also be told. The notice should include expected costs when possible. A copy of the grant must be sent to those committees no later than 5 full business days after the date the request was submitted to the Commandant. This does not reduce any tribe’s right to government-to-government consultation. Definitions in brief: cultural resource — historic places, artifacts, sacred sites, treaty or subsistence resources; eligible entity — state or local government, Indian Tribe, Native Hawaiian organization, or Tribal organization; natural resource — land, water, air, wildlife, and similar resources; State — includes states, DC, Puerto Rico, the Northern Mariana Islands, and U.S. territories.