15.

1 failure to comply, after appropriate notice to such State 2 agency, he shall make no further payments to the State 3 under this title or shall limit payments to programs or proj4 eots under, or parts of, the State plan not affected by the 5 failure, or shall require that payments by such State agency 6 under this title shall be limited to local or other public 7 library agencies not affected by the failure.

8 "(f) (1) If any State is dissatisfied with the Commis9 sioner's final action with respect to the approval of a plan 10 submitted under this Act or with his final action under sub11 section (e) such State may, within sixty days after notice 12 of such action, file with the United States court of appeals 13 for the circuit in which such State is located a petition for 14 review of that action. A copy of the petition shall be forth15 with transmitted by the clerk of the court to the Commis16 sioner. The Commissioner thereupon shall file in the court the 17 record of the proceedings on which he based his action as 18 provided in section 2112 of title 28; United States Code.

19

"(2) The findings of fact by the Commissioner, if sup20 ported by substantial evidence, shall be conclusive; but the 21 court, for good cause shown, may remand the case to the 22 Commissioner to take further evidence, and the Commis23 sioner may thereupon take new or modified findings of fact 24 and may modify his previous action, and shall certify to 25 the court the record of further proceedings.

1

16

"(3) The court shall have jurisdiction to affirm the

2 action of the Commissioner or to set it aside, in whole or in 3 part. The judgment of the court shall be subject to review by 4 the Supreme Court of the United States upon certiorari or 5 certification as provided in section 1254 of title 28, United 6 States Code.

8

"PAYMENTS TO STATES

"SEC. 7. (a) From the allotments available therefor 9 under section 5 from appropriations pursuant to para10 graph (1), (2), or (3) of section 4(a), the Commissioner 11 shall pay to each State which has the appropriate State plans 12 approved under section 6 and title I, II, or III an amount 13 equal to the Federal share of the total sums expended by the 14 State and its political subdivisions in carrying out such plan, 15 except that no payments shall be made from appropriations 16 pursuant to such paragraph (1) for the purposes of title I 17 to any State (other than the Trust Territory of the Pacific 18 Islands) for any fiscal year unless the Commissioner deter19 mines that

"(1) there will be available for expenditure under

the plan from State and local sources during the fiscal year for which the allotment is made

"(A) sums sufficient to enable the State to receive for the purpose of carrying out the plan pay

ments in an amount not less than the minimum allot

ment for that State for the purpose, and

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5

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10

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"(B) not less than the total amount actually expended, in the areas covered by the plan for such

year, for the purposes of such plan from such sources in the second preceding fiscal year; and

"(2) there will be available for expenditure for the purposes of the plan from State sources during the fiscal year for which the allotment is made not less than the

total amount actually expended for such purposes from such sources in the second preceding fiscal year.

“(b)(1) For the purposes of this section, the 'Federal

11 share' for any State shall be, except as is provided other12 wise in title III, 100 per centum less the State percent

13

age, and the State percentage shall be that percentage which 14 bears the same ratio to 50 per centum as the per capita income 15 of such State bears to the per capita income of all the States 16 (excluding Puerto Rico, Guam, American Samoa, the Virgin 17 Islands, and the Trust Territory of the Pacific Islands), 18 except that (A) the Federal share shall in no case be more 19 than 66 per centum, or less than 50 per centum, and (B) 20 the Federal share for Puerto Rico, Guam, American Samoa, 21 and the Virgin Islands shall be 66 per centum, and (C) the 22 Federal share for the Trust Territory of the Pacific Islands 23 shall be 100 per centum.

24

"(2) The 'Federal share' for each State shall be promul

18

1 gated by the Commissioner within sixty days after the begin2 ning of the fiscal year ending June 30, 1971, and of every 3 second fiscal year thereafter, on the basis of the average per 4 capita incomes of each of the States and of all the States 5 (excluding Puerto Rico, Guam, American Samoa, the Vir6 gin Islands, and the Trust Territory of the Pacific Islands), 7 for the three most recent consecutive years for which satis8 factory data are available to him from the Department of 9 Commerce. Such promulgation shall be conclusive for each 10 of the two fiscal years beginning after the promulgation. "TITLE I-LIBRARY SERVICES

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"GRANTS FOR STATES FOR LIBRARY SERVICES

"SEC. 101. The Commissioner shall carry out a program 14 of making grants from sums appropriated pursuant to 15 section 4(a)(1) to States which have had approved basic 16 State plans under section 6 and annual program plans under 17 section 103 for the extension of public library services to areas 18 without such services and the improvement of such services in 19 areas in which such services are inadequate, for making 20 library services more accessible to persons who, by reason of 21 distance, residence, or physical handicap; or other disad22 vantage, are unable to receive the benefits of public library 23 services regularly made available to the public for adapting 24 public library services to meet particular needs of persons 25 within the States, and for improving and strengthening 26 library administrative agencies.

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"USES OF FEderal funds

"SEC. 102. (a) Funds appropriated pursuant to para

3 graph (1) of section 4(a) shall be available for grants to 4 States from allotments under section 5(a) for the purpose 5 of paying the Federal share of the cost of carrying out State 6 plans submitted and approved under section 6 and section 7 103. Except as is provided in subsection (b), grants to 8 States under this title may be used solely—

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223

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“(1) for planning for, and taking other steps leading to the development of, programs and projects designed to extend and improve library services, as provided in

clause (2); and

“(2) for (A) extending public library services to geographical areas and groups of persons without such

services and improving such services in such areas and for such groups as may have inadequate public library services; and (B) establishing, expanding, and operating programs and projects to provide (i) State institutional library services, (ii) library services to the physically handicapped, and (iii) library services for the disadvantaged in urban and rural areas; and (C) strengthening metropolitan public libraries which serve as national

and regional resource centers.

"(b) Subject to such limitations and criteria as the

25 Commissioner shall establish by regulation, grants to States