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Senate Bill 105 Session Law 2021-180 Page 35 <br />(a) Program Established. The Streamflow Rehabilitation Assistance Program is <br />established. The purpose of the Program shall be to assist an eligible grantee in protecting and <br />restoring the integrity of drainage infrastructure through routine maintenance to existing streams <br />and drainage ways by removing blockages caused by accumulated debris or sediment, <br />stabilization and restoration of streams and streambanks, and for rehabilitation or improvement <br />of small watershed structural projects constructed pursuant to the Watershed Protection and <br />Flood Prevention Act of 1954, as amended. Project engineering, permitting, and administrative <br />costs are eligible for payment through the Program. Program funds may also be used to provide <br />nonfederal match for related disaster recovery activities funded by the federal government. For <br />purposes of this section, an "eligible grantee" shall include any of the following: <br />(1) A Soil and Water Conservation District established under this Chapter. <br />(2) A political subdivision, including a city, a county, a water or sewer authority <br />established under Chapter 162A of the General Statutes, a metropolitan or <br />county water or sewer district established under Chapter 162A of the General <br />Statutes, a county service district established under Chapter 153A of the <br />General Statutes, a municipal service district established under Chapter 160A <br />of the General Statutes, a sanitary district established under Chapter 130A of <br />the General Statutes, and a drainage district established under Chapter 156 of <br />the General Statutes. <br />(3) A nonprofit organization. <br />(b) Program Administration. The Soil and Water Conservation Commission shall <br />supervise and administer the Streamflow Rehabilitation Assistance Program as provided in this <br />section. No more than five percent (5%) of Program funding may be used for administration <br />costs. <br />(c) Program Functions. Under the Streamflow Rehabilitation Assistance Program, the <br />Soil and Water Conservation Commission shall do the following: <br />(1) Establish criteria to allocate funds to eligible grantees. <br />(2) Develop a process for soliciting and reviewing applications and for selecting <br />applicants to participate in the Program. <br />(3) Adopt temporary and permanent rules as necessary to implement this <br />Program. <br />(d) Restriction on Funded Activities. The Commission shall ensure that debris removed <br />from streams with funds provided under this Article are either removed from the 100-year <br />floodplain or processed in such a manner that the debris would not pose a risk of blockage or <br />significant impairment of normal streamflow during a subsequent flood event. For purposes of <br />this subsection, "100-year floodplain" means any area subject to inundation by the one percent <br />(1%) annual chance flood event, as indicated on the most recent Flood Insurance Rate Map <br />prepared by the Federal Emergency Management Agency under the National Flood Insurance <br />Program. <br />(e) Report. No later than January 31 of each year, the Division of Soil and Water <br />Conservation of the Department of Agriculture and Consumer Services shall prepare a <br />comprehensive report on the implementation of this section. The report shall be submitted to the <br />Environmental Review Commission and the Fiscal Research Division as a part of the report <br />required by G.S. 106-850(e)." <br />SECTION 5.9.(l) Streamflow Rehabilitation Assistance Program. G.S. 14-234(d3) <br />reads as rewritten: <br />"(d3) Subsection (a) of this section does not apply to an application for or the receipt of a <br />grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control created <br />pursuant to Article 72 of Chapter 106 of the General Statutes, the Community Conservation <br />Assistance Program created pursuant to Article 73 of Chapter 106 of the General Statutes, or the <br />Agricultural Water Resources Assistance Program created pursuant to Article 5 of Chapter 139 <br />Docusign Envelope ID: 2A7D4E07-0B8D-487B-AA2F-1E871A7717A3