2 shall be approved in order of the priority so determined; "(3) provide satisfactory assurance— "(A) that an opportunity to participate in programs to carry out the purposes described in paragraphs (3), (4), and (5) of section 103 (a) will be afforded to all appropriate local, State, or other public or nonprofit private agencies or organizations in the State; "(B) that such fiscal control and fund accounting procedures have been adopted as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State (including any such funds paid by the State to any other agency) under the title; "(C) that procedures have been adopted (i) for the periodic evaluation of the effectiveness of programs and projects supported under the State plan, and (ii) for appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects; "(D) that effective procedures have been adopted for the coordination of programs and proj ects supported under the State plan with library pro 9 grams and projects operated by institutions of higher education or local elementary or secondary schools and with other public or private library service programs; "(E) that the State agency administering the plan (i) will make such reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in carrying out its purposes including reports of evaluations made under the State plan under this title and to determine the extent to and (ii) will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports; and "(F) that final action with respect to the approval or disapproval of any application (or amendment thereof) shall not be taken without first (1) affording the agency or agencies submitting such application reasonable notice and opportunity for a hearing and (2) affording interested persons an opportunity to present their views. "(b) (1) The Commissioner shall not approve any 10 1 State plan pursuant to this section for any fiscal year un 2 less 3 4 5 6 7 8 9 "(A) the plan fulfills the conditions specified in subsection (a) of this section; and "(B) the plan has, prior to its submission, been made public by the State agency to administer it and a reasonable opportunity has been given by that agency for comment thereon by interested persons. "(2) The State plan shall be made public as finally 10 approved. 11 "(3) The Commissioner shall not finally disapprove 12 any plan submitted under subsection (a), or any modifi13 cation thereof, without first affording the State reasonable 14 notice and opportunity for hearing. 15 "(c) To be eligible for assistance under this title for a 16 fiscal year, a State shall also develop and adopt, in consulta17 tion with the Office of Education, a long-range program for 18 carrying out the purposes of this title. Such program (1) 19 shall cover a period, beginning with the year for which such 20 assistance is provided, of not less than three nor more than 21 five years and (2) shall be annually updated. Prior to its 22 final adoption, such program shall be made public and a rea23 sonable opportunity shall be afforded for comment thereon by 24 interested persons. Such program shall be made public as 25 finally adopted. 1 2 11 "WITHHOLDING "SEC. 105. Whenever the Commissioner, after reason 3 able notice and opportunity for hearing to the State agency 4 administering a State plan approved under section 104, 5 finds 6 7 8 9 10 11 12 "(a) that the State plan has been so changed that it no longer complies with the provisions of this title concerning the approval of the plan, or "(b) that in the administration of the plan there is a failure to comply substantially with any such pro visions or with any assurance or other provision contained in such plan, 13 then, until he is satisfied that there is no longer any such fail14 ure to comply, after appropriate notice to such State agency, 15 he shall make no further payments to the State under this 16 title or shall limit payments to programs or projects under, or parts of, the State plan not affected by the failure, or shall 18 require that payments by such State agency under this title 19 shall be limited to local or other public library agencies not 20 affected by the failure. 17 22 "SEC. 106. (a) If any State is dissatisfied with the Com23 missioner's final action with respect to the approval of a plan 24 submitted under section 104 (a) or with his final action under 25 section 105 such State may, within sixty days after notice 12 1 of such action, file with the United States Court of Appeals 2 for the circuit in which such State is located a petition for 3 review of that action. A copy of the petition shall be forth4 with transmitted by the clerk of the court to the Commis5 sioner. The Commissioner thereupon shall file in the court 6 the record of the proceedings on which he based his action 7 8 as provided in section 2112 of title 28, United States Code. "(b) The findings of fact by the Commissioner, if sup9 ported by substantial evidence, shall be conclusive; but the 10 court, for good cause shown, may remand the case to the 11 Commissioner to take further evidence, and the Commis12 sioner may thereupon take new or modified findings of fact 13 and may modify his previous action, and shall certify to the 14 court the record of further proceedings. 15 66 (c) The court shall have jurisdiction to affirm the 16 action of the Commissioner or to set it aside, in whole or in 17 part. The judgment of the court shall be subject to review by 18 the Supreme Court of the United States upon certiorari or 19 certification as provided in section 1254 of title 28, United 20 States Code. 21 22 2 2 2 2 2 "PAYMENTS TO STATES "SEC. 107. (a) (1) From each State's allotment under 23 section 102 for any fiscal year the Commissioner shall pay to 24 that State, if it has in effect a State plan approved pursuant 25 to section 104 (b) for that fiscal year and has adopted a long 50-933 - 70 - 2 |