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(c) Notice of available funding; transition to advance funding method

(1) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are first available for obligation.

(2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

(June 19, 1956, ch. 407, § 4, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1662, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95-123, § 2, 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b)(1), 4, 98 Stat. 2237; Oct. 31, 1988, Pub. L. 100-569, title I, § 101, 102 Stat. 2862.)

AMENDMENTS

1988-Subsec. (a)(4), (5). Pub. L. 100-569 substituted "1989" for "1988".

1984-Subsec. (a). Pub. L. 98-480, § 4(a), inserted provision following numbered paragraphs making available for the purpose of making grants under subchapter IV of this chapter for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of pars. (1), (2), and (3) for each such fiscal year, and making available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such pars. for each such fiscal year.

Subsec. (a)(1). Pub. L. 98-480, § 4(a), substituted provisions authorizing appropriations of $75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986, $85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989 for provisions authorizing appropriations of $112,000,000 for fiscal year ending June 30, 1972, $117,600,000 for fiscal year ending June 30, 1973, $123,500,000 for fiscal year ending June 30, 1974, $129,675,000 for fiscal year ending June 30, 1975, $137,150,000 for fiscal year ending June 30, 1976, $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of the two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 98-480, § 4(a), substituted provisions authorizing appropriations of $50,000,000 for each of fiscal years 1985, 1986 1987, 1988, and 1989 for provisions authorizing appropriations of $80,000,000 for fiscal year ending June 30, 1972, $84,000,000 for fiscal year ending June 30, 1973, $88,000,000 for fiscal year ending June 30, 1974, $92,500,000 for fiscal year ending June 30, 1975, $97,000,000 for fiscal year ending June 30, 1976, and such sums as necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 98-480, § 4(a), substituted provisions authorizing appropriations of $20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989 for provisions which had authorized appropriations of $15,000,000 for fiscal year ending June 30, 1972, $15,750,000 for fiscal year ending June 30, 1973, $16,500,000 for fiscal year ending June 30, 1974, $17,300,000 for fiscal year ending June 30, 1975, $18,200,000 for fiscal year ending June 30, 1976,

$15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of the three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 98-480, § 4(a), substituted provisions authorizing appropriations of $1,000,000 for each of fiscal years 1985, 1986, 1987, and 1988 for purpose of making grants as provided in subchapter V of this chapter for provisions which had authorized appropriation of such sums as necessary for each fiscal year ending prior to Oct. 1, 1982, for purpose of making grants to States to enable them to carry out public library service programs for older persons authorized by former provisions of subchapter IV of this chapter.

Subsec. (a)(5). Pub. L. 98-480, § 4(a), added par. (5). Subsec. (b). Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner".

Subsec. (c). Pub. L. 98-480, § 4(b), added subsec. (c). 1977-Subsec. (a)(1). Pub. L. 95-123, § 2(a), inserted provisions authorizing appropriations of $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 95-123, § 2(b), inserted provisions authorizing appropriations of such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 95-123, § 2(c), inserted provisions authorizing appropriations of $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 95–123, § 2(d), substituted "for each fiscal year ending prior to October 1, 1982" for "for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975, and the fiscal year ending June 30, 1976”. 1973-Subsec. (a)(4). Pub. L. 93-29 added par. (4).

EFFECTIVE DATE OF 1973 AMENDMENT

Section 801(e) of Pub. L. 93-29 provided that: "The amendments made by subsections (a), (b), and (c) [enacting former subchapter IV of this chapter and amending sections 351b, 351c, and 351d(a) of this title] of this section shall be effective after June 30, 1973."

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351c, 351e, 352, 353, 354, 355b, 355c, 355e-1, 355e-2, 371, 375 of this title.

§ 351c. Allotments to States and Indian tribes

(a) Minimum allotments; population basis for distribution of remaining funds

(1) From the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot the minimum allotment, as determined under paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the manner set forth in paragraph (2) of this subsection.

(2) From the remainder of any sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot to each State such part of such remainder as the population of the State bears to the population of all the States.

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(3) For the purposes of this subsection, the "minimum allotment" shall be

(A) with respect to appropriations for the purposes of subchapter I of this chapter, $200,000 for each State, except that it shall be $40,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;

(B) with respect to appropriations for the purposes of subchapter II of this chapter, $100,000 for each State, except that it shall be $20,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and

(C) with respect to appropriations for the purposes of subchapter III of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

If the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year are insufficient to fully satisfy the aggregate of the minimum allotments for that purpose, each of such minimum allotments shall be reduced ratably.

(4) The population of each State and of all the States shall be determined by the Secretary on the basis of the most recent satisfactory data available to him.

(5) There is hereby authorized for the purpose of evaluation (directly or by grants or contracts) of programs authorized by this chapter, such sums as Congress may deem necessary for any fiscal year.

(b) Reallotment of funds

The amount of any State's allotment under subsection (a) of this section for any fiscal year from any appropriation made pursuant to clause (1), (2), or (3)1 of section 351b(a) of this title which the Secretary deems will not be required for the period and the purpose for which such allotment is available for carrying out the State's annual program shall be available for reallotment from time to time on such dates during such year as the Secretary shall fix. Such amount shall be available for reallotment to other States in proportion to the original allotments for such year to such States under subsection (a) of this section but with such proportionate amount for any of such other State being reduced to the extent that it exceeds the amount which the Secretary estimates the State needs and will be able to use for such period of time for which the original allotments were made and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection for any fiscal year shall be deemed to be a part of its allotment for such year pursuant to subsection (a) of this section.

(c) Indian tribes

(1) From the sums available pursuant to the second sentence of section 351b(a) of this title

1 See 1984 Amendment note below.

for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe. Grants from such allotted amounts shall be made to Indian tribes which have submitted approved applications under section 363 of this title.

(2) Any allotted funds for which an Indian tribe does not apply, or applies but does not qualify, shall be reallocated by the Secretary among Indian tribes which have submitted approved plans under section 364 of this title. In making such allocations (A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian, and (B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 362(b) of this title.

(d) Organization serving and representing Hawaiian natives

(1) From the sums available pursuant to the last sentence of section 351b(a) of this title for any fiscal year, the Secretary shall make grants to organizations primarily serving and representing Hawaiian natives that are recognized by the Governor of the State of Hawaii.

(2) Grants under this subsection shall be made on the basis of applications and plans submitted by such organizations that are consistent with the requirements imposed pursuant to sections 362(b), 363, and 364 of this title. Funds made available by grants under this subsection may be used for the purposes specified in clauses (1) through (8) of section 362(a) of this title, to contract to provide public library services to Native Hawaiians, and to carry out any other activities authorized under this sentence by contract. Section 362(c) of this title shall apply with respect to the cultural materials of Hawaiian natives. The Secretary shall issue criteria for the approval of applications and plans but the criteria may not include an allotment formula and may not contain a matching of funds requirement.

(June 19, 1956, ch. 407, § 5, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1662, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(c), 87 Stat. 58; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b)(1), 105, 98 Stat. 2237, 2238; Nov. 22, 1985, Pub. L. 99-159, title III, § 302(a), 99 Stat. 902.)

CODIFICATION

Another section 801(c) of Pub. L. 93-29 amended section 351d(a) of this title. See 1973 Amendment note set out under section 351d of this title.

AMENDMENTS

1985-Subsec. (d)(2). Pub. L. 99-159 inserted reference to section 362(b) of this title, inserted provisions respecting the use of funds for public library services and for other contracted activities, and inserted provisions requiring issuance of criteria for approval of applications and plans.

1984-Subsec. (a)(1). Pub. L. 98-480, §§ 103(b)(1), 105(2), substituted "clause (1), (2), or (3)" for "paragraph (1), (2), (3), or (4)" and "Secretary" for "Commissioner".

Subsec. (a)(2). Pub. L. 98-480, §§ 103(b)(1), 105(2), substituted "clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)" and "Secretary" for "Commissioner".

Subsec. (a)(3). Pub. L. 98-480, § 105(2), substituted "clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)" in last sentence.

Subsec. (a)(3)(A) to (C). Pub. L. 98-480, § 105(3), inserted "the Northern Mariana Islands," after "the Virgin Islands,".

Subsec. (a)(3)(D). Pub. L. 98-480, § 105(4), struck out subpar. (D) which provided for a minimum allotment of $40,000 for each State, except that such allotment would be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, with respect to appropriations for the purposes of subchapter IV of this chapter.

Subsec. (a)(4). Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner".

Subsec. (b). Pub. L. 98-480, § 105(5), which directed that subsec. (b) be amended by substituting "clause (1), (2), or (3)” for “paragraph (1), (2), or (3)" was executed by substituting “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)" as the probable intent of Congress.

Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner" in three places.

Subsecs. (c), (d). Pub. L. 98-480, § 105(6), added subsecs. (c) and (d).

1973-Subsec. (a). Pub. L. 93-29, § 801(c)(1)–(4), inserted reference to par. (4) of section 351b(a) of this title in pars. (1), (2), and (3)(last sentence), and added subpar. (D) to par. (3).

Subsec. (b). Pub. L. 93-29, § 801(c)(5), inserted reference to par. (4) of section 351b(a) of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-29 effective after June 30, 1973, see section 801(e) of Pub. L. 93-29, set out as an Effective Date note under section 351b of this title.

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351b, 351d, 351e, 353, 355b, 355e-1, 361, 363, 364 of this title.

§ 351d. Plans and programs

(a) Prerequisites for allotment of basic State plan in effect, submission of annual program, and establishment of State Advisory Council on Libraries Any State desiring to receive its allotment for any purpose under this chapter for any fiscal year shall (1) have in effect for such fiscal year a basic State plan as defined in section 351a(11) of this title and meeting the requirements set forth in subsection (b) of this section, (2) submit an annual program as defined in section 351a(13) of this title for the purposes for which allotments are desired, meeting the appropriate requirements set forth in subchapters I, II, and III of this chapter, and shall submit (no later than July 1, 1972) a long-range program as defined in section 351a(12) of this title for carrying out the purposes of this chapter as specified in subsection (d) of this section, and (3) establish a State Advisory Council on Libraries which meets the requirements of section 351a(8) of this title.

(b) Provisions of plan

A basic State plan under this chapter shall(1) provide for the administration, or supervision of the administration, of the programs authorized by this chapter by the State library administrative agency;

(2) provide that any funds paid to the State in accordance with a long-range program and an annual program shall be expended solely for the purposes for which funds have been authorized and appropriated and that such fiscal control and fund accounting procedures have been adopted as may be necessary to assure proper disbursement of, and account for, Federal funds paid to the State (including any such funds paid by the State to any other agency) under this chapter;

(3) provide satisfactory assurance that the State agency administering the plan (A) will make such reports, in such form and containing such information, as the Secretary may reasonably require to carry out his functions under this chapter and to determine the extent to which funds provided under this chapter have been effective in carrying out its purposes, including reports of evaluations made under the State plans, and (B) will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports; and

(4) provide that priority will be given to programs and projects

(A) that improve access to public library resources and services for the least served populations in the State, including programs for individuals with limited Englishspeaking proficiency (as defined in section 703(a) of the Bilingual Education Act) 2 or handicapping conditions, and programs and projects in urban and rural areas;

(B) that serve the elderly;

(C) that are designed to combat illiteracy; and

(D) that increase services and access to services through effective use of technology.

(c) Approval of basic State plan by Secretary

(1) The Secretary shall not approve any basic State plan pursuant to this chapter for any fiscal year unless

(A) the plan fulfills the conditions specified in section 351a(11) of this title and subsection (b) of this section and the appropriate subchapters of this chapter;

(B) he has made specific findings as to the compliance of such plan with requirements of this chapter and he is satisfied that adequate procedures are subscribed to therein insure that any assurances and provisions of such plan will be carried out.

(2) The State plan shall be made public as finally approved.

(3) The Secretary shall not finally disapprove any basic State plan submitted pursuant to subsection (a)(1) of this section, or any modification thereof, without first affording the State reasonable notice and opportunity for hearing. (d) Long-range State programs; development; provisions

The long-range program of any State for carrying out the purposes of this chapter shall be

2 See References in Text note below.

developed in consultation with the Secretary and shall

(1) set forth a program under which the funds received by the State under the programs authorized by this chapter will be used to carry out a long-range program of library services and construction covering a period of not less than three nor more than five years;

(2) be annually reviewed and revised in accordance with changing needs for assistance under this chapter and the results of the evaluation and surveys of the State library administrative agency;

(3) set forth policies and procedures (A) for the periodic evaluation of the effectiveness of programs and projects supported under this chapter, and (B) for appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects; and

(4) set forth effective policies and procedures for the coordination of programs and projects supported under this chapter with library programs and projects operated by institutions of higher education or local elementary or secondary schools and with other public or private library services programs. Such program shall be developed with advice of the State advisory council and in consultation with the Secretary and shall be made public as it is finally adopted.

(e) Termination or limitation of payments to States by Secretary; procedure; grounds

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a program submitted under this chapter, finds

(1) that the program has been so changed that it no longer complies with the provisions of this chapter, or

(2) that in the administration of the program there is a failure to comply substantially with any such provisions or with assurance or other provision contained in the basic State plan,

then, until he is satisfied that there is no longer any such failure to comply, after appropriate notice to such State agency, he shall make no further payments to the State under this chapter or shall limit payments to programs or projects under, or parts of, the programs not affected by the failure, or shall require that payments by such State agency under this chapter shall be limited to local or other public library agencies not affected by the failure.

(f) Judicial review of Secretary's final actions; procedure

(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of a plan submitted under this chapter or with his final action under subsection (e) of this section such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceed

ings on which he based his action as provided in section 2112 of title 28.

(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon take new or modified findings of fact and may modify his previous action, and shall certify to the court the record of further proceedings.

(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title

28.

(g) Indian tribes; allotments and allocations

(1) Any Indian tribe desiring to receive its allotment under section 351c(c)(1) of this title shall submit an application to the Secretary in accordance with section 363 of this title.

(2) Any Indian tribe desiring to receive an additional allocation under section 351c(c)(2) of this title shall submit a plan in accordance with section 364 of this title.

(June 19, 1956, ch. 407, § 6, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1663, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(c), 87 Stat. 59; Aug. 21, 1974, Pub. L. 93-380, title VIII, § 841(b), 88 Stat. 609; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b), 106, 98 Stat. 2237, 2239; Nov. 22, 1985, Pub. L. 99-159, title III, § 302(b), 99 Stat. 903.)

REFERENCES IN TEXT

Section 703(a) of the Bilingual Education Act, referred to in subsec. (b)(4)(A), is section 703(a) of Pub. L. 89-10, title VII, as added by Pub. L. 95-561, title VII, § 701, Nov. 1, 1978, 92 Stat. 2269, as amended, which was classified to section 3223(a) of this title prior to the complete revision of Pub. L. 89-10 by Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 140. For provisions defining "limited English proficiency", see section 3283 of this title.

CODIFICATION

Another section 801(c) of Pub. L. 93-29 amended section 351c of this title. See 1973 Amendment note set out under section 351c of this title.

AMENDMENTS

1985-Subsec. (b)(4)(A). Pub. L. 99-159 inserted reference to section 3223(a) of this title.

1984-Subsec. (a). Pub. L. 98-480, § 106(2), substituted "subchapters I, II, and III" for "subchapters I, II, III, and IV".

Subsec. (b)(3). Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner" in two places.

Subsec. (b)(4). Pub. L. 98-480, § 106(3), substituted provisions enumerating the types of programs and projects to be given priority by a State plan under this chapter for provisions which required that the State plan under this chapter set forth the criteria to be used in determining the adequacy of public library services in geographical areas and for groups of persons in the State, including criteria designed to assure that priority would be given to programs or projects which served urban and rural areas with high concentrations of low-income families, and to programs and projects which served areas with high concentrations

of persons of limited English-speaking ability (as defined in section 3223(a) of this title).

Subsecs.

(c)(1),

(3), (d), (e). Pub. L. 98-480,

§ 103(b)(1), substituted "Secretary" for "Commissioner" wherever appearing.

Subsec. (f). Pub. L. 98-480, § 103(b), substituted "Secretary's" for "Commissioner's" in par. (1) and substituted "Secretary" for "Commissioner" two places in par. (1), three places in par. (2), and in par. (3).

Subsec. (g). Pub. L. 98-480, § 106(4), added subsec. (g).

1974-Subsec. (b)(4). Pub. L. 93-380 required basic State plan to include criteria to assure that priority will be given to programs and projects which serve areas with high concentrations of persons of limited English-speaking ability (as defined in section 880b-1(a) of this title).

1973-Subsec. (a). Pub. L. 93-29 inserted reference to subchapter IV of this chapter.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1974, see section 841(c) of Pub. L. 93-380.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-29 effective after June 30, 1973, see section 801(e) of Pub. L. 93-29, set out as an Effective Date note under section 351b of this title.

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351a, 351e, 352, 353, 354, 355a, 355c, 355e, 355e-2, 355e-3, 3283 of this title.

§ 351e. Payments

(a) Prerequisites for payment

From the allotments available therefor under section 351c of this title from appropriations pursuant to clause (1), (2), or (3) of section 351b(a) of this title, the Secretary shall pay to each State which has a basic State plan approved under section 351d(a)(1) of this title, an annual program and a long-range program as defined in section 351a(12) and (13) of this title an amount equal to the Federal share of the total sums expended by the State and its political subdivisions in carrying out such plan, except that no payments shall be made from appropriations pursuant to such paragraph (1) for the purposes of subchapter I of this chapter to any State (other than the Trust Territory of the Pacific Islands) for any fiscal year unless the Secretary determines that

(1) there will be available for expenditure under the programs 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 programs payments in an amount not less than the minimum allotment for that State for the purpose, and

(B) not less than the total amount actually expended, in the areas covered by the programs for such year, for the purposes of such programs from such sources in the second preceding fiscal year; and

(2) there will be available for expenditure for the purposes of the programs 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) Federal share; promulgation by Secretary

(1) For the purpose of this section, the "Federal share" for any State shall be, except as is provided otherwise in subchapter III of this chapter, 100 per centum less the State percentage, and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of all the States (excluding Puerto Rico, Guam, American Samoa, and 3 the Northern Mariana Islands 4 the Virgin Islands, and the Trust Territory of the Pacific Islands), except that (A) the Federal share shall in no case be more than 66 per centum, or less than 33 per centum, and (B) the Federal share for Puerto Rico, Guam, American Samoa, and the Northern Mariana Islands and the Virgin Islands shall be 66 per centum, and (C) the Federal share for the Trust Territory of the Pacific Islands shall be 100 per centum.

(2) The "Federal share" for each State shall be promulgated by the Secretary within sixty days after the beginning of the fiscal year ending June 30, 1971, and of every second fiscal year thereafter, on the basis of the average per capita incomes of each of the States and of all the States (excluding Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands), for the three most recent consecutive years for which satisfactory data are available to him from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years beginning after the promulgation.

(c) Indian tribes

From the sums available pursuant to the second sentence of section 351b(a) of this title, the Secretary shall pay to each Indian tribe which has an approved application under section 363 of this title an amount equal to such tribe's allotment under section 351c(c)(1) of this title and shall pay to each Indian tribe which has an approved plan under section 364 of this title an amount equal to such tribe's additional allocation under section 351d(g)(2) of this title, except that such additional allocation shall not exceed 80 percent of the cost of carrying out such plan.

(June 19, 1956, ch. 407, § 7, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1665, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(d), 87 Stat. 59; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b)(1), 107, 98 Stat. 2237, 2239.)

AMENDMENTS

1984-Subsec. (a). Pub. L. 98-480, §§ 103(b)(1), 107(2), substituted "clause (1), (2), or (3)" for “para

3 So in original. The word "and" probably should not appear. * So in original. Probably should be followed by a comma.

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