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(1) "Secretary" means the Secretary of Education.

(2) "Construction" includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquisition of land). Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the "Architectural Barriers Act of 1968" [42 U.S.C. 4151 et seq.), remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. For the purposes of this paragraph, the term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and such term includes all other items necessary for the functioning of a particular facility as a facility for the provision of library services.

(3) “Library service” means the performance of all activities of a library relating to the collection and organization of library materials and to making the materials and information of a library available to a clientele.

(4) "Library services for the physically handicapped" means the providing of library services, through public or other nonprofit libraries, agencies, or organizations, to physically handicapped persons (including the blind and other visually handicapped) certified by competent authority as unable to read or to use conventional printed materials as a result of physical limitations.

(5) "Public library" means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library which

(A) makes its services available to the public free of charge;

(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries;

(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and

(D) is not an integral part of an institution of higher education.

(6) "Public library services" means library services furnished by a public library free of charge.

(7) "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

(8) "State Advisory Council on Libraries" means an advisory council for the purposes of clause (3) of section 351d(a) of this title which shall

(A) be broadly representative of the public, school, academic, special, and institutional li

braries, and libraries serving the handicapped, in the State and of persons using such libraries, including disadvantaged persons within the State;

(B) advise the State library administrative agency on the development of, and policy matters arising in the administration of, the State plan; and

(C) assist the State library administrative agency in the evaluation of activities assisted under this chapter;

(9) "State institutional library services" means the providing of books and other library materials, and of library services, to (A) inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, or general or special institutions or hospitals operated or substantially supported by the State, or (B) students in residential schools for the physically handicapped (including mentally retarded, hearing impaired, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons who by reason thereof require special education) operated or substantially supported by the State.

(10) "State library administrative agency" means the official agency of a State charged by law of that State with the extension and development of public library services throughout the State, which has adequate authority under law of the State to administer State plans in accordance with the provisions of this chapter.

(11) "Basic State plan" means the document which gives assurances that the officially designated State library administrative agency has the fiscal and legal authority and capability to administer all aspects of this chapter; provides assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all programs under provisions of this chapter; and submits copies for approval as required by regulations promulgated by the Secretary.

(12) "Long-range program" means the comprehensive program of not less than three nor more than five years which identifies a State's library needs and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this chapter. Such longrange programs shall be developed by the State library administrative agency and shall specify the State's policies, criteria, priorities, and procedures consistent with this chapter as required by the regulations promulgated by the Secretary and shall be updated as library progress requires.

(13) "Annual program" means the projects which are developed and submitted to describe the specific activities to be carried out annually toward achieving fulfillment of the long-range program. These annual programs shall be submitted in such detail as required by regulations promulgated by the Secretary.

(14) "Major urban resource library" means any public library located in a city having a population of 100,000 or more individuals, as determined by the Secretary.

(15) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.), which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(16) "Hawaiian native" means any individual any of whose ancestors were natives prior to 1778 in the area which now comprises the State of Hawaii.

(June 19, 1956, ch. 407, § 3, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1660, and amended Oct. 19, 1973, Pub. L. 93-133, § 4(a), 87 Stat. 466; Oct. 7, 1977, Pub. L. 95-123, § 4(b), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98-480, title I, § 103(a), (b)(1), 98 Stat. 2237; Nov. 22, 1985, Pub. L. 99-159, title III, § 301, 99 Stat. 902.)

REFERENCES IN TEXT

The Act of August 12, 1968, commonly known as the "Architectural Barriers Act of 1968", referred to in par. (2), is Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables.

The Alaskan Native Claims Settlement Act, referred to in par. (15), probably means the Alaska Native Claims Settlement Act, Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

AMENDMENTS

1985-Par. (12). Pub. L. 99-159, § 301(a), substituted "program of not less than three nor more than five years" for "five-year program”.

Par. (15). Pub. L. 99-159, § 301(b), inserted "by the Secretary of the Interior" after "recognized", and struck out ", as determined by the Secretary after consultation with the Secretary of the Interior" after "as Indians".

1984-Par. (1). Pub. L. 98-480, § 103(a)(1), substituted" "Secretary' means the Secretary of Education" for ""Commissioner' means the Commissioner of Educa

tion".

Par. (2). Pub. L. 98-480, § 103(a)(2), inserted provision that "construction" includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries.

Par. (7). Pub. L. 98-480, § 103(a)(3), inserted reference to the Northern Mariana Islands.

Par. (9)(B). Pub. L. 98-480, § 103(a)(4), substituted "hearing impaired" for "hard of hearing, deaf" and "orthopedically impaired" for "crippled".

Pars. (11) to (14). Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner”.

Pars. (15), (16). Pub. L. 98-480, § 103(a)(5), added pars. (15) and (16).

1977-Par. (14). Pub. L. 95-123 added par. (14). 1973-Par. (5). Pub. L. 93-133 expanded definition of "Public library" to include research libraries.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 4(b) of Pub. L. 93-133 provided that: "The amendment made by subsection (a) [amending par. (5)

of this section] shall be effective on June 30, 1973, and only with respect to appropriations for fiscal years beginning after such date."

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 351d, 351e, 355b of this title.

§ 351b. Authorization and availability of appropriations; advance funding method

(a) Authorization and availability

There are authorized to be appropriated

(1) for the purpose of making grants as provided in subchapter I, $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;

(2) for the purpose of making grants as provided in subchapter II, $50,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and 1989;

(3) for the purpose of making grants as provided in subchapter III, $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;

(4) for the purpose of making grants as provided in subchapter V, $1,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989; and

(5) for the purpose of making grants as provided in subchapter VI, $5,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989. There shall be available for the purpose of making grants under subchapter IV for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of clauses (1), (2), and (3) for each such fiscal year. There shall be 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 clauses for each such fiscal year.

(b) Availability

Notwithstanding any other provision of law, unless enacted in express limitation of the provisions of this subsection, any sums appropriated pursuant to subsection (a) of this section shall (1), in the case of sums appropriated pursuant to paragraphs (1) and (3) thereof, be available for obligation and expenditure for the period of time specified in the Act making such appropriation, and (2), in the case of sums appropriated pursuant to paragraph (2) thereof, subject to regulations of the Secretary promulgated in carrying out the provisions of section 351c(b) of this title, be available for obligation and expenditure for the year specified in the Appropriation Act and for the next succeeding

year.

(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.

(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.

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