123STA T . 11 68PUBLIC LA W 111 – 11 —M A R .3 0, 200 9grantfu n ds f o rt hey ear , the S e c retary sha l l deter -mi ne w hether the grant reci p ient has made suffi- cient progress during the year to j ustify additional funding .(I I )EF F ECTO F D ETE RMINA TION. — If the Sec- retary determines under su b clause (I) that the progress of a grant recipient during the year justi- fies additional funding, the Secretary shall pro v ide to the grant recipient grant funds for the following year. (iv) A D V ANCEMENT CONDITION.—A grant recipient shall not be eligible to receive a third-phase grant under subparagraph ( C ) until the date on which the Secretary determines that the grant recipient has— (I) completed each re q uirement of the second- phase grant
and (II) demonstrated that 1 or more pilot projects of the grant recipient have resulted in demon- strable improvements, as determined by the Sec- retary, in the functioning condition of at least 1 river or stream in the watershed. (C) TH IRD P HA S E.— (i) FU NDIN GL IMITATION.— (I) IN GENERAL.—E x cept as provided in sub- clause (II), the Secretary may provide to a grant recipient a third-phase grant in an amount not greater than $5 , 0 00,000 for a period of not more than 5 years. (II) E X CEPTION.—The Secretary may provide to a grant recipient a third-phase grant in an amount that is greater than the amount described in subclause (I) if the Secretary determines that the grant recipient is capable of using the addi- tional amount to further the purposes of the pro- gram in a way that could not otherwise be achieved by the grant recipient using the amount described in subclause (I). (ii) M ANDATOR Y USE OF FUNDS.—A grant recipient that receives a third-phase grant shall use the funds to plan and carry out at least 1 watershed management project. ( 3 ) AUTHORI Z ING USE OF FUNDS FOR ADMINISTRATIVE AND OTHER COSTS.—A grant recipient that receives a grant under this section may use the funds— (A) to pay for— (i) administrative and coordination costs, if the costs are not greater than the lesser of— (I) 2 0 percent of the total amount of the grant; or (II) $100,000; (ii) the salary of not more than 1 full-time employee of the watershed group; and (iii) any legal fees arising from the establishment of the relevant watershed group; and ( B ) to fund— (i) water quality and quantity studies of the rel- evant watershed; and
