United States Code

(2) follow the criteria, policies, and procedures for the approval of applications for the construction of public library facilities under the long-range program;

(3) follow policies and procedures which will insure that every local or other public agency whose application for funds under the plan with respect to a project for construction of public library facilities is denied will be given an opportunity for a hearing before the State library administrative agency;

(4) include an extension of the long-range program taking into consideration the results of evaluations.

(June 19, 1956, ch. 407, title II, § 203, as added Feb. 11, 1964, Pub. L. 88-269, § 7(a), 78 Stat. 13, and amended Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(g)(3), 84 Stat. 174; Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98-480, title I, § 103(b)(1), 98 Stat. 2237.)

AMENDMENTS

1984-Pub. L. 98-480 substituted "Secretary" for "Commissioner" in second par.

1970-Pub. L. 91-600 substituted provisions requiring submission by any State desiring to receive a grant from its allotment for any fiscal year of approved projects consistent with its long-range program, and setting forth required contents of such projects, for provisions setting forth criteria for approval by Commissioner of State plans for construction of public libraries. See section 351d of this title.

Pub. L. 91-230 repealed labor standards requirement (prevailing wage rates), now superseded by section 1232b of this title, and provisions for overtime compensation under the Contract Work Hours Standards Act.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-600 effective after June 30, 1971, see section 2(c)(1) of Public L. 91-600, set out as a note under section 351 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 355a of this title.

§ 355d. Omitted

CODIFICATION

Section, acts June 19, 1956, ch. 407, title II, § 204, as added Feb. 11, 1964, Pub. L. 88-269, § 7(a), 78 Stat. 14, and amended July 19, 1966, Pub. L. 89-511, §§ 5(b), (8), 80 Stat. 313, related to payment to States of Federal share and determination of amount of such payment, and was omitted in the general revision of this chapter by Pub. L. 91-600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971. See section 351e of this title.

SUBCHAPTER III-INTERLIBRARY COOPERATION AND RESOURCE SHARING

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 351b, 351c, 351d, 351e, 351f, 361 of this title.

§ 355e. Grants to States for interlibrary cooperation and resource sharing

The Secretary shall carry out a program of making grants to States which have an approved basic State plan under section 351d of this title, have submitted a long-range program

and an annual program under section 355e-2 of this title for interlibrary cooperation programs, and have submitted long-range and annual programs which are directed toward eventual compliance with the requirements of section 355e-3 of this title.

(June 19, 1956, ch. 407, title III, § 301, as added July 19, 1966, Pub. L. 89–511, § 9, 80 Stat. 314, and amended Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1668; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b)(1), 113(b), 98 Stat. 2237, 2242.)

AMENDMENTS

1984-Pub. L. 98-480 substituted "Secretary" for "Commissioner", substituted "section 351d of this title," for "section 351d of this title and have submitted", and inserted ", and have submitted long-range and annual programs which are directed toward eventual compliance with the requirements of section 355e-3 of this title".

1970-Pub. L. 91-600 substituted provisions authorizing Commissioner to make grants to States for interlibrary cooperation programs for provisions authorizing appropriations for fiscal year ending June 30, 1967, fiscal year ending June 30, 1968, fiscal year ending June 30, 1969, fiscal year ending June 30, 1970, and fiscal year ending June 30, 1971. See section 351b of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

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

§ 355e-1. Federal share

(a) Payment; use of Federal funds

Funds appropriated pursuant to paragraph (3) of section 351b(a) of this title shall be available for grants to States from allotments under paragraphs (1) and (3) of section 351c(a) of this title for the purpose of carrying out the Federal share of the cost of carrying out State plans submitted and approved under section 355e-2 of this title. Such grants shall be used (1) for planning for, and taking other steps leading to the development of, cooperative library networks; and (2) for establishing, expanding, and operating local, regional, and interstate cooperative networks of libraries, which provided for the systematic and effective coordination of the resources of school, public, academic, and special libraries and information centers for improved supplementary services for the special clientele served by each type of library or center.

(b) Amount

For the purposes of this subchapter, the Federal share shall be 100 per centum of the cost of carrying out the State plan.

(June 19, 1956, ch. 407, title III, § 302, as added and amended July 19, 1966, Pub. L. 89-511, §§ 9, 12(a), 80 Stat. 314, 318; Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1669.)

AMENDMENTS

1970-Pub. L. 91-600 substituted provisions relating to purposes which funds granted to States could be used for, for provisions setting forth amount of allotments authorized to be made by Commissioner to States, Guam, etc. See section 351c of this title.

1966-Pub. L. 89-511, § 12(a), inserted reference to the Trust Territory of the Pacific Islands.

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

EFFECTIVE DATE OF 1966 AMENDMENT Amendment by section 12(a) of Pub. L. 89-511 effective with respect to fiscal years beginning after June 30, 1966, see section 12(c) of Pub. L. 89-511, set out as a note under section 353 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 355e-2 of this title.

§ 355e-2. Annual State program for interlibrary cooperation; submission; contents

Any State desiring to receive a grant from its allotment for the purposes of this subchapter for any fiscal year shall, in addition to having submitted, and having had approved, a basic State plan under section 351d of this title, submit for that fiscal year an annual program for interlibrary cooperation. Such program shall be submitted at such time, in such form, and contain such information as the Secretary may require by regulation and shall comply with the requirements of section 355e-3 of this title, shall

(1) set forth a program for the year submitted under which funds paid to the State from appropriations pursuant to paragraph (3) of section 351b(a) of this title will be used, consistent with its long-range program for the purposes set forth in section 355e-1 of this title,

(2) include an extension of the long-range program taking into consideration the results of evaluations.

(June 19, 1956, ch. 407, title III, § 303, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 314, and amended Nov. 24, 1967, Pub. L. 90-154, § 1, 81 Stat. 509; Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1669; Oct. 17, 1984, Pub. L. 98-480, title I, §§ 103(b)(1), 113(c), 98 Stat. 2237, 2242.)

AMENDMENTS

1984-Pub. L. 98-480 substituted "Secretary" for "Commissioner" and inserted "shall comply with the requirements of section 355e-3 of this title," after "by regulation and" in second sentence.

1970-Pub. L. 91-600 substituted provisions requiring submission by any State desiring to receive a grant from its allotment for any fiscal year of an annual program for interlibrary cooperation for that fiscal year, and setting forth required contents of such program, for provisions relating to payment to States of Federal share and determination of amount of such payment. See section 351e of this title.

1967-Pub. L. 90-154 substituted “June 30, 1968" for "June 30, 1967" and provided that Federal share for Trust Territory of the Pacific Islands shall be 100 per centum.

EFFECTIVE DATE OF 1970 AMENDMENT

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

EFFECTIVE DATE OF 1967 AMENDMENT

Section 7 of Pub. L. 90-154 provided that: "The amendments made by the first section and section 3 of this Act [amending sections 355e-2 and 355f-3 of this title] shall be effective with respect to fiscal years beginning after June 30, 1967."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 355e, 355e-1 of this title.

§ 355e-3. Resource sharing

(a) Statewide plan

The long-range program and annual program of each State shall include a statewide resource sharing plan which is directed toward eventual compliance with the provisions of this section. (b) Recommendations

In developing the State basic and long-range programs, the State library agency with the assistance of the State advisory council on libraries shall consider recommendations from current and potential participating institutions in the interlibrary and resource sharing programs authorized by this subchapter.

The State's long-range program shall identify interlibrary and resource sharing objectives to be achieved during the period covered by the basic and long-range plans required by section 351d of this title. The long-range program may include

(1) criteria for participation in statewide resource sharing to ensure equitable participation by libraries of all types that agree to meet requirements for resource sharing;

(2) an analysis of the needs for development and maintenance of bibliographic access, including data bases for monographs, serials, and audiovisual materials;

(3) an analysis of the needs for development and maintenance of communications systems for information exchange among participating libraries;

(4) an analysis of the needs for development and maintenance of delivery systems for exchanging library materials among participating libraries;

(5) a projection of the computer and other technological needs for resource sharing;

(6) an identification of means which will be required to provide users access to library resources, including collection development and maintenance in major public, academic, school, and private libraries serving as resource centers;

(7) a proposal, where appropriate, for the development, establishment, demonstration, and maintenance of intrastate multitype library systems;

(8) an analysis of the State's needs for development and maintenance of links with State and national resource sharing systems; and

(9) a description of how the evaluations required by section 351d(d) of this title will be conducted.

(d) Participating libraries; reimbursement of expenses

Libraries participating in resource sharing activities under this section may be reimbursed for their expenses in loaning materials to public libraries.

(June 19, 1956, ch. 407, title III, § 304, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 113(d), 98 Stat. 2242.)

PRIOR PROVISIONS

A prior section 355e-3, act June 19, 1956, ch. 407, title III, § 304, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 314, set forth the criteria for approval by the Commissioner of State plans for interlibrary cooperation, prior to the general revision of this chapter by Pub. L. 91-600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 355e, 355e-2 of this title.

88 355f to 358. Omitted

CODIFICATION

Sections 355f to 358 were omitted in the general revision of this chapter by Pub. L. 91-600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971.

Sections 355f to 355f-7 comprised former subchapter IV of this chapter relating to specialized State library services.

Sections 356 to 358 comprised former subchapter V of this chapter relating to the administration of this chapter.

Section 355f, act June 19, 1956, ch. 407, title IV, § 401, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 315, authorized appropriations for State institutional library services. See section 351b of this title.

Section 355f-1, act June 19, 1956, ch. 407, title IV, § 402, as added and amended July 19, 1966, Pub. L. 89-511, §§ 9, 12(a), 80 Stat. 315, 318, set forth the amount of allotments authorized to be made by the Commissioner to States, Guam, etc. See section 351c of this title.

Section 355f-2, act June 19, 1956, ch. 407, title IV, § 403, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 315, and amended Nov. 24, 1967, Pub. L. 90-154, § 2, 81 Stat. 509, related to the payment to the States of the Federal share and the determination of the amount of such payment. See section 351e of this title. Section 355f-3, act June 19, 1956, ch. 407, title IV, § 404, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 316, and amended Nov. 24, 1967, Pub. L. 90-154, § 3, 81 Stat. 509, set forth the criteria for approval by the Commissioner of State plans for institutional library services. See section 351d of this title.

Section 355f-4, act June 19, 1956, ch. 407, title IV, § 411, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 316, authorized appropriations for State library services to the physically handicapped. See section 351b of this title.

Section 355f-5, act June 19, 1956, ch. 407, title IV, § 412, as added and amended July 19, 1966, Pub. L. 89-511, §§ 9, 12(a), 80 Stat. 316, 318, set forth the amount of allotments authorized to be made by the Commissioner to States, Guam, etc. See section 351c of this title.

Section 355f-6, act June 19, 1956, ch. 407, title IV, § 413, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 317, and amended Nov. 24, 1967, Pub. L. 90-154, § 4, 81 Stat. 509, related to the payment to the States of the Federal share and the determination of the amount of such payment. See section 351e of this title. Section 355f-7, act June 19, 1956, ch. 407, title IV, § 414, as added July 19, 1966, Pub. L. 89-511, § 9, 80 Stat. 317, and amended Nov. 24, 1967, Pub. L. 90-154, § 5, 81 Stat. 509, set forth the criteria for approval by

the Commissioner of State plans for library services to the physically handicapped. See section 351d of this title.

Section 356, act June 19, 1956, ch. 407, title V, § 501, formerly § 7, 70 Stat. 295, renumbered § 301 and amended Feb. 11, 1964, Pub. L. 88-269, § 7(f), (g), 78 Stat. 14, renumbered § 501, July 19, 1966, Pub. L. 89-511, § 10(b), 80 Stat. 317, authorized the Commissioner to withhold payments to the States, enumerated the grounds for such withholding, and provided that notice and an opportunity for a hearing to be accorded to the appropriate State agency. See section 351d of this title.

Section 357, act June 19, 1956, ch. 407, title V, § 502, formerly § 8, 70 Stat. 295, renumbered § 302 and amended Feb. 11, 1964, Pub. L. 88-269, §§ 1(d), 7(f), 8, 78 Stat. 11, 14, 15, renumbered § 502 and amended July 19, 1966, Pub. L. 89–511, § 10(b), (c), (e), 80 Stat. 317, 318, set forth the administrative provisions of this chapter. See section 351d of this title.

Section 357a, act June 19, 1956, ch. 407, title V, § 503, formerly § 303, as added Feb. 11, 1964, Pub. L. 88-269, § 7(h), 78 Stat. 14, renumbered and amended July 19, 1966, Pub. L. 89-511, § 10(b), 80 Stat. 317, provided for the reallotment of unused funds under conditions determined by the Commissioner. See section 351c of this title.

Section 358, act June 19, 1956, ch. 407, title V, § 504, formerly § 9, 70 Stat. 296; Aug. 1, 1956, ch. 852, § 25(d), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86–679, § 5, 74 Stat. 572; Sept. 25, 1962, Pub. L. 87-688, § 5(a)(3), 76 Stat. 587, renumbered § 304 and amended Feb. 11, 1964, Pub. L. 88-269, §§ 1(e), 7(b), (f), 9, 78 Stat. 11, 14, 16, renumbered § 504, and amended July 19, 1966, Pub. L. 89-511, §§ 10(b), 12(a), 80 Stat. 317, 318; Nov. 24, 1967, Pub. L. 90-154, § 6, 81 Stat. 509, defined the terms "State", "State library administrative agency”, “public library", "construction", and "Secretary". See section 351a of this title.

SUBCHAPTER IV-LIBRARY SERVICES

FOR INDIAN TRIBES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 351b of this title.

§ 361. Findings and purpose; authorization of grants (a) Findings

The Congress finds that

(1) most Indian tribes receive little or no funds under subchapters I, II, and III of this chapter;

(2) Indian tribes and reservations are generally considered to be separate nations and seldom are eligible for direct library allocations from States;

(3) the vast majority of Indians living on or near reservations do not have access to adequate libraries or have access to no libraries at all; and

(b) Purpose

It is therefor1 the purpose of this subchapter (1) to promote the extension of public library services to Indian people living on or near reservations; (2) to provide incentives for the establishment and expansion of tribal library programs; and (3) to improve the administration and implementation of library services for Indians by providing funds to establish and support ongoing library programs.

The Secretary shall carry out a program of making grants from allotments under section 351c(c)(1) of this title to Indian tribes that have submitted an approved application under section 363 of this title for library services to Indians living on or near reservations.

(d) Special project grants

The Secretary shall carry out a program of making special project grants from funds available under section 351c(c)(2) of this title to Indian tribes that have submitted approved plans for the provision of library services as described in section 364 of this title.

(June 19, 1956, ch. 407, title IV, § 401, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 114, 98 Stat. 2243.)

PRIOR PROVISIONS

A prior section 361, act June 19, 1956, ch. 407, title IV, § 401, as added May 3, 1973, Pub. L. 93-29, title VIII, § 801(a), 87 Stat. 57, and amended Oct. 17, 1984, Pub. L. 98-480, title I, § 103(b)(1), 98 Stat. 2237, related to grants to States for older readers services, prior to the general revision of this subchapter by section 114 of Pub. L. 98-480.

A prior subchapter IV of this chapter, comprising sections 355f to 355f-7 of this title, related to specialized State library services, prior to the general revision of this chapter by Pub. L. 91-600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971. For further details, see Codification note set out under section 355f of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

§ 362. Use of funds

(a) Permitted uses of funds

Funds made available by grant under subsection (c) or (d) of section 361 of this title may be used for

(1) inservice or preservice training of Indians as library personnel;

(2) purchase of library materials;

(3) conduct of special library programs for Indians;

(4) salaries of library personnel;

(5) construction, purchase, renovation, or remodeling of library buildings and facilities; (6) transportation to enable Indians to have access to library services;

(7) dissemination of information about library services;

(8) assessment of tribal library needs; and (9) contracts to provide public library services to Indians living on or near reservations or to accomplish any of the activities described in clauses (1) through (8).

(b) Maintenance of funding level

Any tribe that supports a public library system shall continue to expend from Federal, State, and local sources an amount not less than the amount expended by the tribe from such sources for public library services during the second fiscal year preceding the fiscal year for which the determination is made.

Nothing in this chapter shall be construed to prohibit restricted collections of tribal cultural materials with funds made available under this chapter.

(June 19, 1956, ch. 407, title IV, § 402, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 114, 98 Stat. 2243.)

PRIOR PROVISIONS

A prior section 362, act June 19, 1956, ch. 407, title IV, § 402, as added May 3, 1973, Pub. L. 93-29, title VIII, § 801(a), 87 Stat. 57, related to use of Federal funds and the amount of the Federal share for the cost of carrying out State plans for the provision of older readers' services, prior to the general revision of this subchapter by section 114 of Pub. L. 98-480.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351c, 364 of this title.

§ 363. Applications for library services to Indians

Any Indian tribe which desires to receive its allotment under section 351c(c)(1) of this title shall submit an application which contains such information as the Secretary may require by regulation.

(June 19, 1956, ch. 407, title IV, § 403, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 114, 98 Stat. 2244.)

PRIOR PROVISIONS

A prior section 363, act June 19, 1956, ch. 407, title IV, § 403, as added May 3, 1973, Pub. L. 93-29, title VIII, § 801(a), 87 Stat. 58, and amended Oct. 17, 1984, Pub. L. 98-480, title I, § 103(b)(1), 98 Stat. 2237, related to State annual programs for library services for the elderly, prior to the general revision of this subchapter by section 114 of Pub. L. 98-480.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 351c, 351d, 351e, 361 of this title.

§ 364. Plans for library services to Indians

Any Indian tribe which desires to receive a special project grant from funds available under section 351c(c)(2) of this title shall submit a plan for library services on or near an Indian reservation. Such plans shall be submitted at such time, in such form, and contain such information as the Secretary may require by regulation and shall set forth a program for the year under which funds paid to the Indian tribe will be used, consistent with

(1) a long-range program, and

(2) the purposes set forth in section 362(a) of this title.

(June 19, 1956, ch. 407, title IV, § 404, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 114, 98 Stat. 2244.)

PRIOR PROVISIONS

A prior section 364, act June 19, 1956, ch. 407, title IV, § 404, as added May 3, 1973, Pub. L. 93-29, title VIII, § 801(a), 87 Stat. 58, and amended Oct. 1, 1973, Pub. L. 93-113, title VI, § 601(d), 87 Stat. 416; Oct. 17, 1984, Pub. L. 98-480, title I, § 103(b)(1), 98 Stat. 2237, related to administrative coordination between programs for older readers services under this subchapter with other programs for older Americans, prior to the general revision of this subchapter by section 114 of Pub. L. 98-480.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351c, 351d, 351e, 361 of this title.

§ 365. Coordination with other programs for Indians

The Secretary, with the Secretary of the Interior, shall coordinate programs under this subchapter with the programs assisted under the various Acts and programs administered by the Department of the Interior that pertain to Indians.

(June 19, 1956, ch. 407, title IV, § 405, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 114, 98 Stat. 2244.)

§ 366. Services in States with Indian tribes not residing on or near reservations

The provisions of this subchapter requiring that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations, shall not apply in the case of Indian tribes and Indians in California, Oklahoma, and Alaska.

(June 19, 1956, ch. 407, title IV, § 406, as added Nov. 22, 1985, Pub. L. 99-159, title III, § 305, 99 Stat. 903.)

SUBCHAPTER V-FOREIGN LANGUAGE

MATERIALS ACQUISITION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 351b of this title.

§ 371. Grants for foreign language material acquisition

(a) Duty of Secretary

The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 351b(a)(4) of this title to State and local public libraries for the acquisition of foreign language materials.

(b) Selection of recipients

Recipients of grants under this subchapter shall be selected on a competitive basis.

No grant under this subchapter for any fiscal year shall exceed $15,000.

(June 19, 1956, ch. 407, title V, § 501, as added Oct. 17, 1984, Pub. L. 98-480, title I, § 115, 98 Stat. 2244.)

PRIOR PROVISIONS

A prior subchapter V of this chapter, comprising sections 356 to 358 of this title, related to administration of this chapter, prior to the general revision of this chapter by Pub. L. 91-600, § 2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971. For further details, see Codification note set out under section 355f of this title.

SUBCHAPTER VI-LIBRARY LITERACY PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 351b of this title.

§ 375. State and local library grants

(a) Duty of Secretary; grants for support of literacy programs

The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 351b(a)(5) of this title to State and local public libraries for the purposes of supporting literacy programs.

(b) Purposes of grants to State libraries

Grants to State public libraries under this subchapter shall be for the purposes of—

(1) coordinating and planning library literacy programs; and

(2) making arrangements for training librarians and volunteers to carry out such programs.

Grants to local public libraries shall be for the purposes of—

(1) promoting the use of the voluntary services of individuals, agencies, and organizations in providing literacy programs;

(2) acquisition of materials for literacy programs; and

(3) using library facilities for such programs.

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United States Code, Volume 8