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PUBLIC LAW 97-258—SEPT. 13, 1982 (B) long-range physical and fiscal plans for an action referred to in subclause (A) of this clause (2); (C) a program for capital improvements and other major expenditures based on their relative urgency, and definitive financing plans for the expenditures in the earlier years of the program; (D) coordination of related plans and activities of States and local governments and agencies concerned; and (E) preparation of regulatory and administrative measures to support the items referred to in subclauses (A)-(D) of this clause (2). (3) "executive agency" does not include a mixed-ownership Government corporation. (4)(A) "grant" (except as provided in subclause (C) of this clause (4)) means money, or property provided instead of money, that is paid or provided by the United States Government under a fixed annual or total authorization, to a State, to a local government, or to a beneficiary under a plan or program administered by a State or a local government that is subject to approval by an executive agency, if the authorization— (i) requires the State or local government to expend nonGovernment money as a condition of receiving money or property from the United States Government; or (ii) specifies directly, or establishes by means of a formula, the amount that may be provided to the State or local government, or the amount to be allotted for use in each State by the State, local government, and beneficiaries. (B) "grant" (except as provided in subclause (C) of this clause (4)) also means money, or property provided instead of money, that is paid or provided by the United States Government to a private, nonprofit community organization eligible to receive amounts under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (C) "grant" does not include— (i) shared revenue; (ii) payment of taxes; (iii) payment instead of taxes; (iv) a loan or repayable advance; (v) surplus property or surplus agricultural commodities provided as surplus property; (vi) a payment under a research and development procurement contract or grant awarded directly and on similar terms to all qualifying organizations; or (vii) a payment to a State or local government as complete reimbursement for costs incurred in paying benefits or providing services to persons entitled to them under a law of the United States. (5) "head of a State agency" includes the designated delegate of the head of the agency. (6) "local government" means a unit of general local government, a school district, or other special district established under State law. (7) "special-purpose unit of local government" means a special district, public-purpose local government of a State except a school district. (8) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, and an

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agency or instrumentality of a State but does not mean a local government of a State. (9) "unit of general local government" means a county, city, town, village, or other general purpose political subdivision of a State. § 6502. Information on grants received On request of a chief executive officer of a State, a State legislature, or an official designated by either of them, an executive agency carrying out a grant program to States and local governments shall provide the requesting officer or legislature with written information on the purpose and amounts of grants provided to the State or local government. § 6503. Transfer and deposit requirements (a) Consistent with program purposes and regulations of the Secretary of the Treasury, the head of an executive agency carrying out a grant program shall schedule the transfer of grant money to minimize the time elapsing between transfer of the money from the Treasury and the disbursement by a State, whether disbursement occurs before or after the transfer. A State is not accountable for interest earned on grant money pending its disbursement for program purposes. (b) A State may not be required by a law or regulation of the United States to deposit grant money received by it in a separate bank account. However, a State shall account for grant money made available to the State as United States Government grant money in the accounts of the State. The head of the State agency concerned shall make periodic authenticated reports to the head of the appropriate executive agency on the status and the application of the money, the liabilities and obligations on hand, and other information required by the head of the executive agency. Records related to the grant received by the State shall be made available to the head of the executive agency and the Comptroller General for auditing. § 6504. Use of existing State or multimember agency to administer grant programs Notwithstanding a law of the United States providing that one State agency or multimember agency must be established or designated to carry out or supervise the administration of a grant program, the head of the executive agency carrying out the program may, when requested by the executive or legislative authority of the State responsible for the organizational structure of a State government— (1) waive the one State agency or multimember agency provision on an adequate showing that the provision prevents the establishment of the most effective and efficient organizational arrangement within the State government; and (2) approve another State administrative structure or arrangement after deciding that the objectives of the law authorizing the grant program will not be endangered by using another State structure or arrangement. § 6505. Authority to provide specialized or technical services (a) The President may prescribe statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, docu-

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merits, and other similar services that an executive agency is especially competent and authorized by law to provide. The services prescribed must be consistent with and further the policy of the United States Government of relying on the private enterprise system to provide services reasonably and quickly available through ordinary business channels. Ob) The head of an executive agency may provide services prescribed by the President under this section to a State or local government when— (1) written request is made by the State or local government; and (2) payment of pay and all other identifiable costs of providing the services is made to the executive agency by the State or local government making the request. (c) Payment received by an executive agency for providing services under this section shall be deposited to the credit of the principal appropriation from which the cost of providing the services has been paid or will be charged. (d) The authority under this section is in addition to authority under another law in effect on October 16, 1968.

Regulations.

§ 6506. Development assistance (a) The economic and social development of the United States and the achievement of satisfactory levels of living depend on the sound and orderly development of urban and rural areas. When urbanization proceeds rapidly, the sound and orderly development of urban communities depends to a large degree on the social and economic health and the sound development of smaller communities and rural areas. (b) The President shall prescribe regulations governing the formulation, evaluation, and review of United States Government programs and projects having a significant impact on area and community development (including programs and projects providing assistance to States and localities) to serve most effectively the basic objectives of subsection (a) of this section. The regulations shall provide for the consideration of concurrently achieving the following specific objectives and, to the extent authorized by law, reeisoned choices shall be made between the objectives when they conflict: (1) appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes. (2) wise development and conservation of all natural resources. (3) balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other means to move people and goods. (4) adequate outdoor recreation and open space. (5) protection of areas of unique natural beauty and historic and scientific interest. (6) properly planned community facilities (including utilities for supplying power, water, and communications) for safely disposing of wastes, and for other purposes. (7) concern for high standards of design. (c) To the extent possible, all national, regional. State, and local viewpoints shall be considered in planning development programs and projects of the United States Government or assisted by the Government. State and local government objectives and the objectives of regional organizations shall be considered within a frame-

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work of national public objectives expressed in laws of the United States. Available projections of future conditions in the United States and needs of regions, States, and localities shall be considered in plan formulation, evaluation, and review. (d) To the maximum extent possible and consistent with national objectives, assistance for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments. (e) To the maximum extent practicable, each executive agency carrying out a development assistance program shall consult with and seek advice from all other significantly affected executive agencies in an effort to ensure completely coordinated programs. To the extent possible, systematic planning required by individual United States Government programs (such as highway construction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning. (f) When a law of the United States provides that both a specialpurpose unit of local government and a unit of general local government are eligible to receive a loan or grant, the head of an executive agency shall make the loan or grant to the unit of general local government instead of the special-purpose unit of local government in the absence of substantial reasons to the contrary. (g) The President may designate an executive agency to prescribe regulations to carry out this section. § 6507. Congressional review of grant programs (a) The committees of Congress having jurisdiction over a grant program authorized by a law of the United States without a specified expiration date for the program shall study the program. The Studies and committees may conduct studies separately or jointly and shall reports, report the results of their findings to their respective Houses of Congress not later than the end of each period specified in subsection (b) of this section. The committees shall give special attention to— (1) the extent to which the purposes of the grants have been met; (2) the extent to which the objective of the program can be carried on without further assistance; (3) whether a change in the purpose, direction, or administration of the original program, or in procedures and requirements applicable to the program, should be made; and (4) the extent to which the program is adequate to meet the growing and changing needs that it was designed to support, (b)(1) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted before October 16, 1968, shall be conducted before the end of each 4th calendar year after the year during which a study of the progrgmi was last conducted under this section. (2) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted after October 16, 1968, shall be conducted before the end of the 4th calendar year

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after the year of enactment of the law and before the end of each 4th calendar year thereafter. § 6508. Studies and reports (a)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Comptroller General shall study the program. The study shall include a review of— (A) the extent to which— (i) the program conflicts with or duplicates other grant programs; and (ii) more effective, efficient, economical, and uniform administration of the program may be achieved by changing the requirements and procedures applicable to it; and (B) budgetary, accounting, reporting, and administrative procedures of the program. (2) The Comptroller General shall submit to Congress a report on a study made under this subsection and any recommendations. To the extent practicable, a report on an expiring program shall be submitted in the year before the year in which a program ends. (b)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Advisory Commission on Intergovernmental Relations shall study the intergovernmental relations aspects of the program, including— (A) the impact of the program on the structural organization of States and local governments and on Federal-State-local fiscal relations; and (B) the coordination of administration of the program by the United States Government and State and local governments. (2) The Commission shall submit to the committee requesting the study and to Congress a report and any recommendations.

CHAPTER 67—REVENUE SHARING Sec. 6701. 6702. 6703. 6704. 6705. 6706. 6707. 6708. 6709. 6710. 6711. 6712. 6713. 6714. 6715. 6716. 6717. 6718. 6719. 6720. 6721. 6722. 6723. 6724.

Definitions and application. Payments to governments. State and Local Government Fiscal Assistance Trust Fund. Qualifications. State government allocations. Reductions in State government allocations. State allocations for units of general local government. County area and county government allocations. Other local government allocations. Separate law enforcement officer allocations for Louisiana. State variation of local government allocations. Adjustments of local government allocations. Information used in allocation formulas. Public hearings. Prohibition on using pasanents to influence legislation. Prohibited discrimination. Discrimination proceedings. Suspension and termination of pasmients in discrimination proceedings. Compliance agreements. Enforcement by the Attorney General of prohibitions on discrimination. Civil action by a person adversely affected. Judicial review. Audits, investigations, and reviews. Reports.

§ 6701. Definitions and application (a) In this chapter—

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(1) "entitlement period" means each one-year period beginning on October 1, 1981, and October 1, 1982. (2) "finding of discrimination" means a decision by the Secretary of the Treasury about a complaint described in section 6721(b) of this title, a decision by a State or local administrative agency, or other information (under regulations prescribed by the Secretary) that it is more likely than not that a State government or unit of general local government has not complied with section 6716(a) or (b) of this title. (3) "holding of discrimination" means a holding by a United States court, a State court, or an administrative law judge appointed under section 3105 of title 5, that a State government 5 USC 3105. or unit of general local government expending amounts received under this chapter has— (A) excluded a person in the United States from participating in, denied the person the benefits of, or subjected the person to discrimination under, a program or activity because of race, color, national origin, or sex; or (B) violated a prohibition against discrimination described in section 67160t)) of this title. (4) "income" means the total money income received from all sources as determined by the Secretary of Commerce for general statistical purposes. (5) "unit of general local government" means— (A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; (B) except under sections 6708(b), 6709, 6711, and 6712(a)(2) and (3) of this title, the recognized governing body of an Indian tribe or Alaskan native village that carries out substantial governmental duties and powers; and (C) except under this section and sections 6702, 6703, and 6705-6713(c)(l) of this title, the office of the separate law enforcement officer under section 6710 of this title. (6) "State and local taxes" means taxes imposed by a State government or unit of general local government or other political subdivision of the State government for public purposes (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) as determined by the Secretary of Commerce for general statistical purposes. (7) "township" includes an equivalent political subdivision having different designations as determined on the same basis used by the Secretary of Commerce for general statistical purposes. (b) In a State in which a unit of general local government (except a county government) is the next level of government below the State government, the geographic area of the unit of general local government is deemed to be a county area in the State, and the unit of general local government is deemed to be a county government. However, this subsection does not apply to a county area of a State not governed by a county government that has at least 2 units of general local government. (c) When the entire geographic area of a unit of general local government is located in a larger entity, the unit of general local government is deemed to be located in the larger entity. When only

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part of the geographic area of a unit is located in a larger entity, each part is deemed to be located in the larger entity and to be a separate unit of general local government in determining allocations under this chapter. Except as provided in regulations of the Secretary of the Treasury, the Secretary shall allocate amounts based on the ratio of the estimated population of the part to the population of the unit of general local government. (d) When a boundary line change, a State statutory or constitutional change, a governmental reorganization, or other circumstance results in the application of subsections (a)(5) and (7), (b), and (c) of this section and sections 6708-6712 of this title in a way that does not carry out the purposes of this section and sections 6702, 6703, and 6705-6713(c)(l) of this title, the Secretary shall apply subsections (a)(5) and (7), (b), and (c) and sections 678-6712 under regulations of the Secretary in a way that is consistent with those purposes. (e) In this chapter, the District of Columbia is deemed to be— (1) a State; and (2) a county area having one unit of general local government. § 6702. Payments to governments (a) Each unit of general local government is entitled to an amount equal to any amount allocated to the government under this chapter for each entitlement period. Each State government shall be paid an amount equal to any allocation made for each entitlement period. The Secretary of the Treasury shall pay each amount out of the State and Local Government Fiscal Assistance Trust Fund under section 6703 of this title. (b) Except as provided under regulations of the Secretary, the Secretary shall determine allocations under this chapter for an entitlement period by the first day of the 3d month before the beginning of the period. The Secretary shall pay each amount under this section in installments. An installment shall be paid at least once a quarter by the 5th day after the end of the quarter. The Secretary initially may estimate the amount of each installment. (c) The Secretary shall adjust a payment under this chapter to a State government or unit of general local government to the extent that a prior payment to the government was more or less than the amount required to be paid. However, the Secretary may increase or decrease a payment to the government only when the Secretary or the government demands the increase or decrease within one year after the end of the entitlement period for which the payment was made. (d) The Secretary may reserve a percentage (of not more than 0.5 percent) of the amount under this section for an entitlement period for a State government and all units of general local government in the State when the Secretary considers the reserve is necessary to ensure the availability of sufficient amounts to pay adjustments after the final allocation of amounts among the units of general local government in the State. § 6703. State and Local Government Fiscal Assistance Trust Fund (a) The Department of the Treasury has a State and Local Government Fiscal Assistance Trust Fund. The Secretary of the Treasury personally is the trustee of the Trust Fund. Amounts in the Trust Fund—

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(1) except as provided in this chapter, may be used only for payments to State governments and units of general local government under this chapter; and (2) remain available until expended. (b) The Trust Fund consists of amounts appropriated to the Trust Fund. The following amounts may be appropriated to the Trust Fund: (1) $2,300,000,000 for each entitlement period to pay amounts allocated to State governments for that period under section 6705 of this title. (2) $4,566,700,000 for each entitlement period to pay entitlement amounts allocated to units of general local government for that period under sections 6708-6710 of this title. (c) The Secretary shall transfer to the general fund of the Treasury amounts in the Trust Fund the Secretary decides are not necessary for payments to State governments and units of general local government under this chapter.

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§6704. Qualifications (a) Under regulations of the Secretary of the Treasury, a State government or unit of general local government qualifies for payment under this chapter for an entitlement period only after establishing to the satisfaction of the Secretary that— (1) the government will establish a trust fund in which the government will deposit all payments received; (2) the government will use amounts in the trust fund (including interest) during a reasonable period provided in the regulations of the Secretary; (3) the government will expend the payments received under laws and procedures applicable to the expenditure of revenues of the government; (4) if at least 25 percent of the pay of individuals employed by the government in a public employee occupation is paid out of the trust fund, individuals in the occupation any part of whose pay is paid out of the trust fund will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government; (5) if at least 25 percent of the costs of a construction project are paid out of the trust fund, laborers and mechanics employed by contractors or subcontractors on the project will receive pay at least equal to the prevailing rate of pay for similar construction in the locality as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a et seq.), and the Secretary of Labor shall act on labor standards under this clause in a way that is consistent with Reorganization Plan No. 14 of 1950 (64 Stat. 1267) and SUSC app. section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); (6) the government will use accounting, audit, and fiscal procedures conforming to guidelines prescribed by the Secretary of the Treasury (after the Secretary consults with the Comptroller General); (7) after reasonable notice to the government, the government will make available to the Secretary of the Treasury and the Comptroller General, with the right to inspect, records the Secretary reasonably requires to review compliance with this chapter or the Comptroller General reasonably requires to

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PUBLIC LAW 97-258—SEPT. 13, 1982

review compliance and operations under section 6723(b) of this title; and (8) the government will make reports the Secretary of the Treasury reasonably requires, in addition to the annual reports required under section 6724(b) of this title, (b) A unit of general local government shall give the chief executive officer of the State in which the government is located an opportunity for review and comment before establishing compliance with subsection (a) of this section. (c)(1) When the Secretary of the Treasury decides that a State government or unit of general local government has not complied substantially with subsection (a) of this section or regulations prescribed under subsection (a), the Secretary shall notify the government. The notice shall state that if the government does not take corrective action by the 60th day after the date the government receives the notice, the Secretary will withhold additional payments to the government for the current entitlement period and later entitlement periods until the Secretary is satisfied that the government— (A) has taken the appropriate corrective action; and (B) will comply with subsection (a) of this section and regulations prescribed under subsection (a). (2) Before giving notice under paragraph (1) of this subsection, the Secretary shall give the chief executive officer of the State or unit of general local government reasonable notice and an opportunity for a proceeding. (3) The Secretary may make a payment to the government notified under paragraph (1) of this subsection only when the Secretary is satisfied that the government— (A) has taken the appropriate corrective action; and (B) will comply with subsection (a) of this section and regulations prescribed under subsection (a). § 6705. State government allocations For each entitlement period for which an amount is appropriated under section 6703(b)(1) of this title, the Secretary of the Treasury shall allocate to each State government out of the amount appropriated an amount bearing the same ratio to the amount appropriated as the amount allocated to the State under section 6707 of this title bears to the total amount allocated to States under section 6707. However, the Secretary may pay the amount allocated to the State government only when the Secretary determines (under regulations prescribed by the Secretary) that the State government has declined to receive or has refunded to the United States Government an amount available to the State government under any United States Government categorical grant program identified under the regulations that is equal to the amount allocated. The Secretary shall transfer from the State and Local Government Fiscal Assistance Trust Fund to the general fund of the Treasury an amount allocated to a State government but not paid under this section. § 6706. Reductions in State government allocations (a)(1) Except as provided in this section, the Secretary of the Treasury shall reduce the amount allocated to a State government under section 6705 of this title for an entitlement period by the amount by which—

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(A) 50 percent of the total amount the State government transfers from its own sources to units of general local government in the State during the 24-month period ending on the last day of the last fiscal year of the State for which relevant information is available on the first day of the entitlement period to which the allocation applies; is less than (B) 50 percent of the similar total amount for the 24-month period ending the day before the beginning of the 24-month period described in clause (A) of this paragraph. (2) In applying this subsection, the amount by which the Secretary reduces an amount allocated to a State government for an entitlement period is, in a later entitlement period, an amount transferred by the State government from its own sources to units of general local government during the period to which the reduction applies. (b) When a State government satisfies the Secretary that after June 29, 1972, the State government assumed responsibility for a category of expenditures that before July 1, 1972, was the responsibility of local governments in the State, the Secretary shall reduce the total amount under subsection (a)(1)(B) of this section to the extent that increased State government expenditures from its own sources for the category have replaced corresponding amounts that the State government transferred to units of general local government during the 24-month period under subsection (a)(1)(B). (c)(1) When a State government satisfies the Secretary that after June 29, 1972, at least one unit of general local government in the State was given new taxing authority, the Secretary shall reduce the total amount under subsection (a)(1)(B) of this section to the extent of the larger of an amount equal to the— (A) taxes collected by the units of general local government under the new taxing authority; or (B) loss of revenue to the State government because of the new taxing authority. (2) The Secretary may consider under paragraph (1)(A) of this subsection an amount collected because of new taxing authority that is an increase in the tax rate under a previously authorized kind of tax only when the State government has decreased a related State tax. (d) When the State government satisfies the Secretary that during a part of the 24-month period under subsection (a)(1)(A) of this section the United States Government has assumed responsibility for a category of expenditures for which the State government transferred amounts that (but for this subsection) would be included in the total amount taken into account under subsection (a)(1)(B) of this section, the Secretary shall reduce the total amount under subsection (a)(1)(B) to the extent that increased Government expenditures have replaced corresponding amounts that the State government had transferred to units of general local government during the period under subsection (a)(1)(B). (e) When the Secretary believes that a reduction of an amount allocated to a State government is required under this section, the Secretary shall give the State government reasonable notice and opportunity for a proceeding. If the Secretary decides that a reduction is required, the Secretary shall— (1) determine the amount of the reduction; (2) notify the chief executive officer of the State of the determination; and

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(3) withhold the amount of the reduction from payments to the State government under this chapter, (f) On the day a reduction under this section in an amount allocated to a State government is final, the Secretary shall transfer an amount equal to the reduction from the State and Local Government Fiscal Assistance Trust Fund to the general fund of the Treasury. (g) The Secretary shall prescribe regulations to carry out this section. § 6707. State allocations for units of general local government (a) For each entitlement period, the Secretary of the Treasury shall allocate to each State out of the amount authorized for the period under section 6703(b)(2) of this title an amount bearing the same ratio to the amount authorized as the amount allocated to the State under this section bears to the total amount allocated to all States under this section. The Secretary shall— (1) determine the amount allocated to the State under subsection (b) or (c) of this section and allocate the larger amount to the State; and (2) allocate the amount allocated to the State to units of general local government in the State under sections 6708-6710 of this title. (b)(1) The amount allocated to a State under this subsection for an entitlement period is the amount bearing the same ratio to $5,300,000,000 as— (A) the population of the State, multiplied by the general tax effort factor of the State (determined under paragraph (2) of this subsection), multiplied by the relative income factor of the State (determined under paragraph (3) of this subsection); bears to (B) the sum of the products determined under subclause (A) of this paragraph for all States. (2) The general tax effort factor of a State for an entitlement period is— (A) the net amount of State and local taxes of the State collected during the years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of the entitlement period; divided by (B) the total income of individuals, as determined by the Secretary of Commerce for national income accounts purposes, attributed to the State for the same years. (3) The relative income factor of a State is a fraction in which— (A) the numerator is the per capita income of the United States; and (B) the denominator is the per capita income of the State, (c) The amount allocated to a State under this subsection for an entitlement period is the amount the State would receive if— (1) $1,166,666,667 were allocated among the States on the basis of population by allocating to each State an amount bearing the same ratio to the total amount to be allocated as the population of the State bears to the population of all States; (2) $1,166,666,667 were allocated among the States on the basis of population inversely weighted for per capita income, by allocating to each State an amount bearing the same ratio to the total amount to be allocated as—

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(A) the population of the State, multiplied by a fraction in which— (i) the numerator is the per capita income of all States; and (ii) the denominator is the per capita income of the State; bears to (B) the sum of the products determined under subclause (A) of this clause (2) for all States; (3) $900,000,000 were allocated among the States on the basis of income tax collections by allocating to each State an amount bearing the same ratio to the total amount to be allocated as the income tax amount of the State (determined under subsection (d)(1) of this section) bears to the total amount of the income tax amounts of all States; (4) $900,000,000 were allocated among the States on the basis of general tax effort by allocating to each State an amount bearing the same ratio to the total amount to be allocated as the general tax effort amount of the State (determined under subsection (d)(2) of this section) bears to the total amount of the general tax effort amounts of all States; and (5) $1,166,666,667 were allocated among the States on the basis of urbanized population by allocating to each State an amount bearing the same ratio to the total amount to be allocated as the urbanized population of the State bears to the urbanized population of all States. In this clause, "urbanized "Urbanized population" means the population of an area consisting of a population.' central city or cities of at least 50,000 inhabitants and the surrounding closely settled area for the city or cities considered as an urbanized area by the Secretary of Commerce for general statistical purposes. (d)(1) The income tax amount of a State for an entitlement period is 15 percent of the net amount collected during the calendar year ending before the beginning of the entitlement period from the tax imposed on the income of individuals by the State and described as a State income tax under section 164(a)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 164(a)(3)). The income tax amount for an entitlement period shall be at least one percent but not more than 6 percent of the United States Government individual income tax liability attributed to the State for the taxable years ending during the last calendar year ending before the beginning of the entitlement period. The Secretary of the Treasury shall determine the Government income tax liability attributed to the State on the same basis as the Secretary determines that liability for general statistical purposes. (2) The general tax effort amount of a State for an entitlement period is the amount determined by multiplying— (A) the net amount of State and local taxes of the State collected during the years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of the entitlement period; by (B) the general tax effort factor of the State determined under subsection (b)(2) of this section. § 6708. County area and county government allocations (a)(1) The Secretary of the Treasury first shall allocate among the county areas in the State the amount allocated to the State for an

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Indian tribes and Alaskan native villages.

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entitlement period under section 6707 of this title. Each county area shall receive an amount bearing the same ratio to the amount allocated to the State as— (A) the population of the county area, multiplied by the general tax effort factor of the county area (determined under paragraph (2) of this subsection), multiplied by the relative income factor of the county area (determined under paragraph (3) of this subsection); bears to (B) the sum of the products determined under clause (A) of this paragraph for all county areas in the State. (2) The general tax effort factor of a county area for an entitlement period is— (A) the amount of the adjusted taxes of the county government and units of general local government in the county area; divided by (B) the total income attributed to the county area. (3) The relative income factor of a county area is a fraction in which— (A) the numerator is the per capita income of the State in which the area is located; and (B) the denominator is the per capita income of the county area. (b) The Secretary shall allocate to the county government an amount out of the amount allocated to the county area under subsection (a) of this section bearing the same ratio to the amount allocated to the county area as the adjusted taxes of the county government bears to the adjusted taxes of the county government and all other units of general local government in the county area. (c) When a county area includes an Indian tribe or Alaskan native village having a recognized governing body carrying out substantial governmental duties and powers, the Secretary shall allocate to the tribe or village an amount out of the amount allocated to the county area under subsection (a) of this section bearing the same ratio to the amount allocated to the county area as the population of the tribe or village bears to the population of the county area. The Secretary shall allocate an amount to the tribe or village before allocating an amount to the county government under subsection (b) of this section. The Secretary shall reduce the amount to be allocated to the county government under subsection (b) by an amount allocated under this subsection. § 6709. Other local government allocations (a)(1) After allocating an amount to a county government under section 6708 of this title, the Secretary of the Treasury shall allocate the amount remaining for allocation in a county area among the units of general local government (except the county government and township governments) in the county area. Each of those units of general local government shall receive an amount bearing the same ratio to the total amount to be allocated to the units of general local government as— (A) the population of the unit of general local government, multiplied by the general tax effort factor of the unit of general local government (determined under paragraph (2) of this subsection), multiplied by the relative income factor of the unit of general local government (determined under paragraph (4) of this subsection); bears to

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(B) the sum of the products determined under clause (A) of this paragraph for all units of the general local government. (2) The general tax effort factor of a unit of general local government for an entitlement period is— (A) the taxes imposed by the unit of general local government for public purposes (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) determined by the Secretary of Commerce for general statistical purposes and adjusted (under regulations of the Secretary of the Treasury) to exclude amounts properly allocated to education expenses; divided by (B) the total income attributed to the unit of general local government. (3) The Secretary of the Treasury shall include that part of sales taxes transferred to a unit of general local government that are imposed by a county government in a geographic area of a unit of general local government as taxes of the unit of general local government under paragraph (2) of this subsection when— (A) the county government transfers any part of the revenue from the taxes to the unit of general local government without specifying the purpose for which the unit of general local government may expend the revenue; and (B) the chief executive officer of the State notifies the Secretary that the taxes satisfy the requirements of this paragraph. (4) The relative income factor of a unit of general local government is a fraction in which— (A) the numerator is the per capita income of the county area in which the unit of general local government is located; and (B) the denominator is the per capita income of the geographic area of the unit of general local government. (b) When a county area includes at least one township government, the Secretary of the Treasury shall set aside for allocation to township governments in the county area an amount out of the amount allocated to the county area under section 6708(a) of this title bearing the same ratio to the amount allocated to the county area as the total adjusted taxes of all township governments in the county area bears to the total adjusted taxes of the county government, the township governments, and other units of general local government in the county area. The amount for allocation to a township government is set aside before an amount is allocated to a unit of general local government under subsection (a) of this section. The Secretary shall allocate an amount to the township government on the same basis as the Secretary allocates an amount to a unit of general local government under subsection (a). The Secretary shall reduce the amount of the allocation to other units of general local government under subsection (a) by the amount set aside for allocation under this subsection. (c) When the Secretary of the Treasury decides that information available for a county area for an entitlement period is inadequate in allocating an amount under subsection (a) or (b) of this section for a unit of general local government (except a county government) with a population below a number (of not more than 500) prescribed for the county area by the Secretary, the Secretary may apply subsection (a) or (b) by allocating to the unit of general local government an amount bearing the same ratio to the total amount to be allocated under subsection (a) or (b) for the entitlement period

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as the population of the unit of general local government in the county area receiving an amount allocated under subsection (a) or (b). When the Secretary allocates an amount under this subsection, the Secretary shall reduce the total amount to be allocated under subsection (a) or (b) to other units of general local government in the county area for the entitlement period by the amount allocated under this subsection. § 6710. Separate law enforcement officer allocations for Louisiana (a) Except as provided in subsection (d) of this section— (1) the office of the separate law enforcement officer for— (A) a county area in Louisiana (except the parishes of East Baton Rouge and Orleans) shall receive for each entitlement period an amount equal to 15 percent of the amount the county area government would receive for the period but for this section; and (B) the parish of East Baton Rouge shall receive for each entitlement period an amount equal to 7.5 percent of the total amount of the amounts the governments of Baton Rouge, Baker, and Zachary, Louisiana, would receive for the period but for this section; and (2) the parish of Orleans, Louisiana, shall receive for each entitlement period an additional amount equal to 7.5 percent of the amount the parish otherwise would receive. (b) Except as provided in subsection (d) of this section, the Secretary of the Treasury shall reduce— (1) the amount allocated to a county area government in Louisiana for an entitlement period by an amount equal to 50 percent of the amount allocated to the office of the separate law officer for the county area for the period; and (2) in applying clause (1) of this subsection to the parish of East Baton Rouge, the amounts allocated to the governments of Baton Rouge, Baker, and Zachary, Louisiana, for an entitlement period by an amount equal to 3.75 percent of the amount each government would receive for the period but for this subsection. (c) For each entitlement period for which an amount is appropriated under section 670303)(1) of this title, the Secretary shall reduce the amount allocated to the Louisiana government under section 6705 of this title by an amount equal to the total reductions under subsection O> of this section of amounts allocated to county area t) governments in Louisiana for the period. In this subsection— (1) reductions in the amounts allocated to the governments of Baton Rouge, Baker, and Zachary, Louisiana, under subsection (b) are deemed reductions in the amounts allocated to county area governments; and (2) the amount allocated to the parish of Orleans, Louisiana, is deemed to have been reduced by the additional amount received under subsection (a)(2) of this section. (d) For an entitlement period for which an amount under section 6703(b)(1) of this title is not appropriated— (1) the percentage under subsection (a)(1)(A) of this section is 13.5 percent; (2) the percentages under subsections (a)(1)(B) and (b)(2) of this section are 6.75 percent; (3) the Secretary shall disregard the percentage under subsection (b)(1) of this section; and (4) subsections (a)(2) and (c) of this section do not apply.

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§ 6711. State variation of local government allocations (a) A State government may provide by law for the allocation of amounts among county areas or units of general local government (except county governments) in the State on the basis of population multiplied by the general tax effort factors or relative income factors of the county areas or units of general local government (determined under sections 6708(a) and 6709 (a) and (b) of this title), or a combination of those factors. A State government providing for a variation on an allocation formula provided under section 6708(a) or 6709 (a) or (b) shall notify the Secretary of the Treasury of the variation by the 30th day before the beginning of the first entitlement period in which the variation applies. A variation shall— (1) provide for allocating the total amount allocated under section 6708(a) or 6709 (a) or (b) of this title; (2) apply uniformly in the State; and (3) apply only to entitlement periods beginning before October 1, 1983. (b) A variation by a State government under this section may apply only when the Secretary certifies that the variation complies with this section. The Secretary may certify a variation only when the Secretary is notified of the variation at least 30 days before the first entitlement period in which the variation applies. § 6712. Adjustments of local government allocations (a)(1) Subject to paragraphs (2) and (3) of this subsection, the per capita amount allocated to a county area or unit of general local government (except a county government) in a State for an entitlement period shall be at least 20 percent but not more than 145 percent of the amount allocated to the State under section 6707 of this title, divided by the State population. (2) The amount allocated to a unit of general local government for an entitlement period may be not more than 50 percent of the amount of the— (A) adjusted taxes of the unit of general local government; and (B) transfers (except transfers under this chapter) of revenue to the unit of general local government from another government as a share in financing, or a reimbursement for, the carrying out of governmental duties and powers, as determined by the Secretary of Commerce for general statistical purposes. (3) When the amount allocated to a unit of general local government (except a county government, an Indian tribe, or an Alaskan native village) for an entitlement period would be less than $200 but for this paragraph or is waived by the governing authority of the unit of general local government, the Secretary of the Treasury shall add the amount for that period to the amount allocated to the county government in the county area in which the unit of general local government is located, instead of paying the amount allocated to the unit of general local government. The Secretary shall add the amount of allocation waived by a governing body of an Indian tribe or an Alaskan native village to the amount allocated to the county government in the county area in which the tribe or village is located. (b) When the Secretary makes an adjustment in an amount allocated to a county area or unit of general local government, the Secretary shall make adjustments in the following order:

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(1) under subsection (a)(l) of this section. (2) under subsection (a)(2) of this section. (3) under subsection (a)(3) of this section. (4) under section 6710 of this title. (c) The Secretary shall adjust the amounts allocated to county areas and units of general local government to bring the amounts into compliance with subsection (a)(1) of this section. The Secretary shall make adjustments in the amounts allocated to county areas before adjusting amounts allocated to units of general local government. (d)(1) When the Secretary makes a reduction under subsection (a)(2) of this section in the amount allocated to a unit of general local government, the amount of the reduction— (A) if a unit of general local government (except a county government), shall be added to the amount allocated to the county government in which the unit of general local government is located; and (B) if a county government, shall be reallocated under subsection (e) of this section. (2) When a county government may not receive an additional amount under paragraph (1)(A) of this subsection because of subsection (a) of this section, the Secretary shall reallocate the amount of the reduction under subsection (e) of this section. (e) The Secretary shall reallocate an amount referred to in subsection (d)(1)(B) or (2) of this section— (1) by adding the amount to the amounts allocated to units of general local government in the State to the extent the units of general local government may receive the additional amount after adjustments under subsection (a) of this section; and (2) if a unit of general local government may not receive the reallocated amount because of subsection (a) of this section, by allocating the amount among units of general local government in the State on a prorated basis. § 6713. Information used in allocation formulas (a) Except as provided in this section, the Secretary of the Treasury shall use the most recent available information provided by the Secretary of Commerce to determine an allocation under this chapter. When the Secretary of the Treasury decides that the information is not current or complete enough to provide for a fair allocation, the Secretary of the Treasury may use additional information (including information based on estimates) as provided under regulations of the Secretary of the Treasury. (b) The Secretary of the Treasury shall determine population on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. The Secretary of the Treasury shall request the Secretary of Commerce to adjust the population information provided to the Secretary of the Treasury as soon as practicable to include a reasonable estimate of the number of resident individuals not counted in the 1980 census or revisions of the census. The Secretary of the Treasury shall use the estimates in determining allocations for the entitlement period beginning after the Secretary of the Treasury receives the estimates. The Secretary of the Treasury shall adjust population information to reflect adjust13 USC 196 note, ments made under section 118 of the Act of October 1, 1980 (Public Law 96-369, 94 Stat. 1357). (c) The Secretary of the Treasury may not—

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(1) in determining an allocation for an entitlement period, use information on tax collections for years more recent than the years used by the Secretary of Commerce in the most recent Bureau of the Census general determination of State and local taxes made before the beginning of that period; and (2) consider a change in information used to determine an allocation for a period of 60 months when the change— (A) results from a major disaster declared by the President under section 301 of the Disaster Relief Act of 1974 (42 U.S.C. 5141); and (B) reduces the amount of an allocation. § 6714. Public hearings (a)(1) A State government or unit of general local government expending payments received under this chapter shall hold at least one public hearing for each fiscal period of the government at which persons are given an opportunity to present written and oral views on the possible uses of the payments. The government shall give adequate notice of the hearing and hold the hearing at least 7 calendar days before presenting its budget to the governmental authority responsible for enacting the budget. (2) A State government or unit of general local government expending payments under this chapter shall hold at least one public hearing on the proposed use of the payment in relation to its entire budget. At the hearing, persons shall be given an opportunity to provide written and oral views to the governmental authority responsible for enacting the budget and to ask questions about the entire budget and the relation of the payment to the entire budget. The government shall hold the hearing at a time and a place that allows and encourages public attendance and participation. (3) A State government or unit of general local government Senior citizens. holding a hearing required under this subsection or by the budget process of the government shall try to provide senior citizens and senior citizen organizations with an opportunity to present views at the hearing before the government makes a final decision on the use of the payment. (b)(1) By the 10th day before a hearing required under subsection (a)(2) of this section is held, a State government or unit of general local government shall— (A) make available for inspection by the public at the principal office of the government a statement of the proposed use of the payment and a summary of the proposed budget of the government; and (B) publish in at least one newspaper of general circulation the proposed use of the payment with the summary of the proposed budget and a notice of the time and place of the hearing. (2) By the 30th day after adoption of the budget under State or local law, the government shall— (A) make available for inspection by the public at the principal office of the government a summary of the adopted budget, including the proposed use of the payment; and (B) publish in at least one newspaper of general circulation a notice that the information referred to in clause (A) of this paragraph is available for inspection. (c) Under regulations of the Secretary of the Treasury, a Waivers. requirement—

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(1) under subsection (a)(1) of this section may be waived when the cost of the requirement would be unreasonably burdensome in relation to the amount allocated to the State government or unit of general local government to amounts available for payment under this chapter; (2) under subsection (a)(2) of this section may be waived if the budget process required under the applicable State or local law or charter provisions— (A) ensures the opportunity for public attendance and participation contemplated by subsection (a) of this section; and (B) includes a hearing on the proposed use of a payment received under this chapter in relation to the entire budget of the government; and (3) under subsection (b)(1)(B) and (2)(B) of this section may be waived if the cost of publishing the information would be unreasonably burdensome in relation to the amount allocated to the government to amounts available for payment under this chapter, or when publication is otherwise impracticable. (d) When the Secretary is satisfied that the State government or unit of general local government will provide adequate notice of the proposed use of a payment received under this chapter, the 10-day period under subsection (b)(1) of this section may be changed to the greatest extent necessary to comply with applicable State or local law. (e) The Secretary shall prescribe regulations for applying this section to State governments and units of general local government that do not adopt budgets. § 6715. Prohibition on using payments to influence legislation A State government or unit of general local government may not use a part of a payment received under this chapter for activities intended to influence legislation about this chapter. Dues paid by a government to a national or State association are deemed not to have been paid from payments received under this chapter. § 6716. Prohibited discrimination (a) No person in the United States shall be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a State government or unit of general local government because of race, color, national origin, or sex when the government receives a payment under this chapter. (b) The following prohibitions and exemptions also apply to a program or activity of a State government or unit of general local government when the government receives a payment under this chapter: (1) a prohibition against discrimination because of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (2) a prohibition against discrimination against an otherwise qualified handicapped individual under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (3) a prohibition against discrimination because of religion, or an exemption from that prohibition, under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) or title VIII of the Act of April 11, 1968 (known as the Civil Rights Act of 1968) (42 U.S.C. 3601 et seq.).

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(c)(1) Subsection (a) and (b) of this section do not apply when the government shows, by clear and convincing evidence, that a payment received under this chapter is not used to pay for any part of the program or activity. (2) Subsection (b)(2) of this section does not apply to construction projects begun before January 1, 1977. (d) The Secretary of the Treasury shall try to make agreements with heads of agencies of the United States Government and State agencies to investigate noncompliance with this section. An agreement shall— (1) describe the cooperative efforts to be taken (including sharing civil rights enforcement personnel and resources) to obtain compliance with this section; and (2) provide for notifying immediately the Secretary of actions brought by the United States Government or State agencies against a State government or unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.

Noncompliance investigation agreements.

§ 6717. Discrimination proceedings (a) By the 10th day after the Secretary of the Treasury makes a Noncompliance finding of discrimination or receives a holding of discrimination notice. about a State government or unit of general local government, the Secretary shall submit a notice of noncompliance to the government. The notice shall state the basis of the finding or holding. (b) The State government or unit of general local government may Evidence, present evidence informally to the Secretary within 30 days after the Secretary submits a notice of noncompliance to the government. Except as provided in subsection (e) of this section, the government may present evidence on whether— ( D a person in the United States has been excluded or denied benefits of, or discriminated against under, the program or activity of the government, in violation of section 6716(a) of this title; (2) the program or activity of the government violated a prohibition described in section 6716(b) of this title; and (3) a part of that program or activity has been paid for with a payment received under this chapter. (c) By the end of the 30-day period under subsection (b) of this section, the Secretary shall decide whether the State government or unit of general local government has not complied with section 6716 (a) or (b) of this title, except when the government has made a compliance agreement under section 6719 of this title. When the Secretary decides that the government has not complied, the Secretary shall suspend payments to the government under this chapter unless by the 10th day after the decision the government— (1) makes a compliance agreement under section 6719 of this title; or (2) requests a proceeding under subsection (d)(1) of this section. (d)(1) A proceeding requested under subsection (c)(2) of this section shall begin by the 30th day after the Secretary receives a request for the proceeding. The hearing shall be before an administrative law judge appointed under section 3105 of title 5. By the 30th day after 5 USC 3105. the beginning of the proceeding, the judge shall issue a preliminary decision based on the record at the time on whether the State

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government or unit of general local government is likely to prevail in showing compliance with section 6716(a) or (b) of this title. (2) When the administrative law judge decides at the end of a proceeding under paragraph (1) of this subsection that the State government or unit of general local government has— (A) not complied with section 6716(a) or (b) of this title, the judge may order payments to the government under this chapter terminated; or (B) complied with section 6716(a) or (b) of this title, a suspension under section 6718(a)(1)(A) of this title shall be discontinued promptly. (3) An administrative law judge may not issue a preliminary decision that the government is not likely to prevail when the judge has issued a decision described in paragraph (2)(A) of this subsection. (e) In a proceeding under subsections (b)-(d) of this section on a program or activity of a State government or unit of general local government about which a holding of discrimination has been made, the Secretary or administrative law judge may consider only whether a payment under this chapter was used to pay for any part of the program or activity. The holding is conclusive. If the holding is reversed by an appellate court, the Secretary or judge shall end the proceeding.

5 USC 3105.

§ 6718. Suspension and termination of payments in discrimination proceedings (a)(1) The Secretary of the Treasury shall suspend payment under this chapter to a State government or unit of general local government— (A) if an administrative law judge appointed under section 3105 of title 5 issues a preliminary decision in a proceeding under section 6717(d)(1) of this title that the government is not likely to prevail in showing compliance with section 6716(a) and (b) of this title; (B) except as provided in section 6717(d)(2)(B) of this title, when the administrative law judge decides at the end of the proceeding that the government has not complied with section 6716 (a) or (b) of this title, unless the government makes a compliance agreement under section 6719 of this title by the 30th day after the decision; or (C) when required under section 6717(c) of this title. (2) Except as provided in section 6717(d)(2) of this title, a suspension already ordered under paragraph (1)(A) of this subsection continues in effect when the administrative law judge makes a decision under paragraph (1)(B) of this subsection. (b) When a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding about the holding shall be discontinued. (c) The Secretary may resume payment to a State government or unit of general local government of payments suspended by the Secretary only— (1) at the time and under the conditions stated in— (A) the approval by the Secretary of a compliance agreement under section 6719(a)(1) of this title; or (B) a compliance agreement under section 6719(a) of this title; (2) when the government complies completely with an order of a United States court, a State court, or administrative law

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judge that covers all matters raised in a notice of noncompliance submitted by the Secretary under section 6717(a) of this title; (3) when a United States court, a State court, or an administrative law judge decides (including a judge in a proceeding under section 6717(d)(1) of this title), that the government has complied with section 6716(a) and (b) of this title; or (4) when a suspension is discontinued under subsection (b) of this section. (d) Compliance by the government under subsection (c) of this Restitution, section may include paying restitution to the person injured because the government did not comply with section 6716(a) or (b) of this title. (e) The Secretary may resume payment to a State government or unit of general local government of payments terminated under section 6717(d)(2) of this title only when the decision resulting in the termination is reversed by an appellate court. § 6719. Compliance agreements (a) A compliance agreement is an agreement— (1) approved by the Secretary of the Treasury between the governmental authority responsible for prosecuting a claim or complaint that is the basis of a holding of discrimination and the chief executive officer of the State government or unit of general local government that has not complied with section 6716 (a) or (b) of this title; or (2) between the Secretary and the chief executive officer. (b) A compliance agreement— (1) shall state the conditions the State government or unit of general local government has agreed to comply with that would satisfy the obligations of the government under section 6716(a) and (b) of this title; (2) shall cover each matter that has been found not to comply, or would not comply, with section 6716(a) or (b) of this title; and (3) may be a series of agreements that dispose of those matters. (c) The Secretary shall submit a copy of the compliance agreement to each person who filed a complaint referred to in section 6721(b) of this title, or, if an agreement under subsection (a)(1) of this section, each person who filed a complaint with a governmental authority, about a failure to comply with section 6716(a) or (b) of this title. The Secretary shall submit the copy by the 15th day after an agreement is made. However, when the Secretary approves an agreement under subsection (a)(1) of this section after the agreement is made, the Secretary may submit the copy by the 15th day after approval of the agreement. § 6720. Enforcement by the Attorney General of prohibitions on discrimination The Attorney General may bring a civil action in an appropriate district court of the United States against a State government or unit of general local government that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section 6716(a) or (b) of this title. The court may grant— (1) a temporary restraining order; (2) an injunction; or

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PUBLIC LAW 97-258—SEPT. 13, 1982 (3) an appropriate order to ensure enjoyment of rights under section 6716(a) or (b) of this title, including an order suspending, terminating, or requiring repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.

§ 6721. Civil action by a person adversely affected (a) When a State government, a unit of general local government, or an officer or employee of a State government or unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b) of this section. (b) A person adversely affected must file an administrative complaint with the Secretary of the Treasury or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6716(d) of this title. Administrative remedies are deemed to be exhausted after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency— (1) issues a decision that the government has not failed to comply with this chapter; or (2) does not issue a decision on the complaint. (c) In an action under this section, the court— (1) may grant— (A) a temporary restraining order; (B) an injunction; or (C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and (2) to enforce compliance with section 6716(a) or (b) of this title, may allow a prevailing party (except the United States Government) a reasonable attorney s fee. (d) In an action under this section to enforce compliance with section 6716(a) or (b) of this title, the Attorney General may intervene in the action when the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person. § 6722. Judicial review (a) A State government or unit of general local government receiving notice from the Secretary of the Treasury about withholding payments under section 6704(c) of this title, suspending payments under section 6718(a)(1)(B) of this title, or terminating payments under section 6717(d)(2)(A) of this title, may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition must be filed by the 60th day after the notice is received. The clerk of the court immediately shall send a copy of the petition to the Secretary and the Attorney General.

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(b) The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary. (c) The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. When a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. The Secretary may make new or modified findings and shall certify additional proceedings to the court. (d) A judgment of the court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. 28 USC 1251 § 6723. Audits, investigations, and reviews (a)(1) Except as provided in this section, a State government or unit of general local government expecting to receive a payment under this chapter shall have an independent audit made of the financial statements of the government at least once every 3 years to determine compliance with this chapter. The audit shall be carried out under generally accepted auditing standards. (2) Paragraph (1) of this subsection does not apply to a government for a fiscal year in which the government receives less than $25,000 under this chapter. However, an audit of the financial statements of the government for that fiscal year that is required under State or local law is deemed to be compliance with paragraph (1). (3) An audit of financial statements of a government carried out under another law of the United States for a fiscal year is deemed to be compliance with paragraph (1) for that year when the audit substantially complies with the requirements of paragraph (1). (b)(1) A State government or unit of general local government may Waiver, elect to waive application of subsection (a)(1) of this section when— (A) the financial statements of the government are audited by independent auditors under State or local law at least once every 3 years; (B) the government certifies that the audit is carried out under generally accepted auditing standards; and (C) the auditing provisions of the State or local law are applicable to the entitlement period to which the waiver applies. (2) The election by the government shall include a brief description of the auditing standards used under the State or local law and specify the entitlement period to which the waiver applies. (c) Under regulations of the Secretary of the Treasury, the Secre- Waiver, tary may waive a requirement of subsections (a)(1) and (b) of this section for a State government or unit of general local government for a fiscal year when the Secretary decides that the financial statements of the government for the year— (1) cannot be audited, and the government shows substantial progress in making the statements auditable; or (2) have been audited by a State agency that does not follow generally accepted auditing standards or that is not independent, and the State agency shows progress in meeting generally accepted auditing standards or in becoming independent. (d) A series of audits carried out over a period of not more than 3 years covering the total amount in the financial accounts of a State

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government or unit of general local government is deemed to be a single audit under subsections (a)(1) and (b) of this section. (e) An opinion on an audit carried out under this section shall be provided to the Secretary in the form and at times required by the Secretary. (f)(1) The Secretary shall maintain regulations providing reasonable and specific time limits for the Secretary to— (A) carry out an investigation and make a finding after receiving a complaint referred to in section 6721(b) of this title, a determination by a State or local administrative agency, or other information about a possible violation of this chapter; (B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and (C) advise a complainant of the status of an audit, investigation, or review of an allegation by the complainant of a violation of section 6716(a) or (b) of this title or other provision of this chapter. (2) The maximum time limit under paragraph (1)(A) of this subsection is 90 days. (g) The Comptroller General shall carry out reviews of the activities of the Secretary, State governments, and units of general local government necessary for Congress to evaluate compliance and operations under this chapter. §6724. Reports (a) Before June 2 of each year, the Secretary of the Treasury personally shall report to Congress on— (1) the status and operation of the State and Local Government Fiscal Assistance Trust Fund during the prior fiscal year; and (2) the administration of this chapter, including a complete and detailed analysis of— (A) actions taken to comply with sections 6716-6720 of this title, including a description of the kind and extent of noncompliance and the status of pending complaints; (B) the extent to which State governments and units of general local government receiving payments under this chapter have complied with sections 6704, 6715, and 6723 (a)-(e) and (g) of this title, including a description of the kind and extent of noncompliance and actions taken to ensure the independence of audits conducted under section 6723 (a)-(e) and (g); (C) the way in which payments under this chapter have been distributed in the jurisdictions receiving payments; and (D) significant problems in carrying out this chapter and recommendations for legislation to remedy the problems. (b)(1) At the end of each fiscal year, each State government and each unit of general local government receiving a payment under this chapter shall submit a report to the Secretary. The report shall be submitted in the form and at a time prescribed by the Secretary and shall be available to the public for inspection. The report shall state— (A) the amounts and purposes for which the payment has been appropriated, expended, or obligated during the fiscal year;

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(B) the relationship of the payment to the relevant functional items in the budget of the government; and (C) the differences between the actual and proposed use of the payment. (2) The Secretary shall provide a copy of a report submitted under paragraph (1) of this subsection by a unit of general local government to the chief executive officer of the State in which the government is located. The Secretary shall provide the report in the way and form prescribed by the Secretary. (c) The Secretary shall prescribe regulations for applying this Regulations. section to State governments and units of general local government that do not adopt budgets. CHAPTER 69—PAYMENT FOR ENTITLEMENT LAND Sec. 6901. 6902. 6903. 6904. 6905. 6906.

Definitions. Authority and eligibility. Payments. Additional payments. Redwood National Park and the Lake Tahoe Basin. Authorization of appropriations.

§6901. Definitions In this chapter— (1) "entitlement land" means land owned by the United States Government— (A) that is in the National Park System or the National Forest System, including wilderness areas and lands described in section 2 of the Act of June 22, 1948 (16 U.S.C. 577d), and section 1 of the Act of June 22, 1956 (16 U.S.C. 577d-l); (B) the Secretary of the Interior administers through the Bureau of Land Management; (C) dedicated to the use of the Government for water resource development projects; (D) on which are located semi-active or inactive installations (except industrial installations) that the Secretary of the Army keeps for mobilization and for reserve component training; (E) that is a dredge disposal area under the jurisdiction of the Secretary of the Army; (F) that is located in the vicinity of Purgatory River Canyon and Pinon Ceuiyon, Colorado, and acquired after December 23, 1981, by the United States Government to expand the Fort Carson military installation; or (G) that is a reserve area (as defined in section 401(g)(3) of the Act of June 15, 1935 (16 U.S.C. 715s(g)(3))). (2) "unit of general local government" means— (A) a county, city, township, borough existing in Alaska on October 20, 1976, or other political subdivision of a State that the Secretary of the Interior, on the same basis that the Secretary of Commerce uses for general statistical puroses, decides is a general purpose political subdivision of a tate; (B) the Commonwealth of Puerto Rico; (C) Guam;

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PUBLIC LAW 97-258—SEPT. 13, 1982 (D) the Commonwealth of the Northern Mariana Islands; and (E) the Virgin Islands.

§ 6902. Authority and eligibility (a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located. A unit may use the payment for any governmental purpose. (b) A unit of general local government may not receive a payment for land for which payment under this chapter otherwise may be received if the land was owned or administered by a State or unit and was exempt from real estate taxes when the land was conveyed to the United States Government. This subsection does not apply to payments for land a State or unit acquires from a private party to donate to the Government within 8 years of acquisition. (c) A unit of general local government receiving payment for a fiscal year for land under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), or the Act of May 24, 1939 (ch. 144, 53 Stat. 753), may not receive a payment under this chapter for the land for that fiscal year. This chapter does not apply to either Act. (d) If the total payment to a unit of general local government for a fiscal year would be less than $100, the Secretary may not make the payment.

"Payment law."

§6903. Payments (a) In this section— (1) "payment law" means— (A) the Act of June 20, 1910 (ch. 310, 36 Stat. 557); (B) section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012); (C) the Act of May 23, 1908 (16 U.S.C. 500); (D) section 5 of the Act of June 22, 1948 (16 U.S.C. 577g, 577g-l); (E) section 401(c)(2) of the Act of June 15, 1935 (16 U.S.C. 715s(c)(2)); (F) section 17 of the Federal Power Act (16 U.S.C. 810); (G) section 35 of the Act of February 25, 1920 (30 U.S.C. 191); (H) section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355); (I) section 3 of the Act of July 31, 1947 (30 U.S.C. 603); and (J) section 10 of the Act of June 28, 1934 (known as the Taylor Grazing Act) (43 U.S.C. 315i). (2) population shall be determined on the same basis that the Secretary of Commerce determines resident population for general statistical purposes. (3) a unit of general local government may not be credited with a population of more than 50,000. (4) if any part of a smaller unit is located within another unit, entitlement land within both units is deemed to be located within the smaller unit. (b)(1) A payment under section 6902 of this title is equal to the greater of— (A) 75 cents for each acre of entitlement land located within a unit of general local government (but not more than the limitation determined under subsection (c) of this section) reduced

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(but not below 0) by amounts the unit received in the prior fiscal year under a payment law; or (B) 10 cents for each acre of entitlement land located in the unit (but not more than the limitation determined under subsection (c) of this section). (2) The chief executive officer of a State shall submit to the Secretary of the Interior a statement on the amounts of payments the State transfers to each unit of general local government in the State out of amounts received under a payment law. (c)(1) The limitation for a unit of general local government with a population of not more than 4,999 is $50 times the population. (2) The limitation for a unit of general local government with a population of at least 5,000 is the following amount (rounding the population off to the nearest thousand): If population equals— 5,000 6,000 7,000 8,000 9,000 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 41,000 42,000 43,000 44,000 45,000 46,000 47,000 48,000 49,000 50,000

the limitation is equal to the population times— $50.00 47.00 44.00 41.00 38.00 35.00 34.00 33.00 32.00 31.00 30.00 29.50 29.00 28.50 28.00 27.50 27.20 26.90 26.60 26.30 26.00 25.80 25.60 25.40 25.20 25.00 24.75 24.50 24.25 24.00 23.75 23.50 23.25 23.00 22.75 22.50 22.25 22.00 21.75 21.50 21.25 21.00 20.75 20.50 20.25 20.00

§ 6904. Additional payments (a) In addition to payments the Secretary of the Interior makes under section 6902 of this title, the Secretary shall make a payment

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for each fiscal year to a unit of general local government collecting and distributing real property taxes (including a unit in Alaska outside the boundaries of an organized borough) in which is located an interest in land that— (1) the United States Government acquires for— (A) the National Park System; or (B) the National Forest Wilderness Areas; and (2) was subject to local real property taxes within the 5-year period before the interest is acquired. (b) The Secretary shall make payments only for the 5 fiscal years after the fiscal year in which the interest in land is acquired. Under guidelines the Secretary prescribes, the unit of general local government receiving the payment from the Secretary shall distribute payments proportionally to units and school districts that lost real property taxes because of the acquisition of the interest. A unit receiving a distribution may use a payment for any governmental purpose. (c) Each yearly payment by the Secretary under this section is equal to one percent of the fair market value of the interest in land on the date the Government acquires the interest. However, a payment may not be more than the amount of real property taxes levied on the property during the last fiscal year before the fiscal year in which the interest is acquired. A decision on fair market value under this section may not include an increase in the value of an interest because the land is rezoned when the rezoning causes the increase after the date of enactment of a law authorizing the acquisition of an interest under subsection (a) of this section. (d) The Secretary may prescribe regulations under which payments may be made to units of general local government when subsections (a) and (b) of this section will not carry out the purpose of subsections (a) and (b)§ 6905. Redwood National Park and the Lake Tahoe Basin (a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which an interest in land owned by the United States Government in the Redwood National Park is located. A unit may use the payment for any governmental purpose. The payment shall be made as provided in section 6903 of this title and shall include an amount payable under section 6903. (b)(1) In addition to payments the Secretary makes under subsection (a) of this section, the Secretary shall make a payment for each fiscal year to each unit of general local government in which is located an interest in land— (A) owned by the Government in the Redwood National Park; or (B) acquired in the Lake Tahoe Basin under the Act of December 23, 1980 (Public Law 96-586, 94 Stat. 3383). (2) The payment shall be made as provided in section 6904 of this title and shall include an amount payable under section 6904. However, an amount computed but not paid because of the first sentence of subsection (b) and the 2d sentence of subsection (c) of section 6904 shall be carried forward and applied to future years in which the payment would not otherwise equal the amount of real property taxes assessed and levied on the land during the last fiscal year before the fiscal year in which the interest was acquired until the amount is applied completely.

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(3) The unit of general local government may use the payment for any governmental purpose. (4) The Redwoods Community College District is a school district under section 6904(b) of this title. § 6906. Authorization of appropriations Necessary amounts may be appropriated to the Secretary of the Interior to carry out this chapter. Amounts are available only as provided in appropriation laws. CHAPTER 71—JOINT FUNDING SIMPLIFICATION Sec. 7101. 7102. 7103. 7104. 7105. 7106. 7107. 7108. 7109. 7110. 7111. 7112.

Purposes. Definitions. Authority of the President and heads of executive agencies. Processing project requests to be financed by at least 2 assistance programs. Prescribing uniform technical and administrative provisions. Delegation of supervision of assistance. Joint management funds. Limitation on authority under sections 7105-7107. Appropriations available for joint financing. Use of joint financing provisions for Federal-State assisted projects. Report to Congress. Expiration date.

§7101. Purposes The purposes of this chapter are to— (1) enable States, local governments, and private nonprofit organizations to use assistance of the United States Government more effectively and efficiently; (2) adapt the assistance more readily to particular needs through wider use of projects that are supported by more than one executive agency, assistance program, or appropriation of the United States Government; and (3) encourage Federal-State arrangements under which local governments and private nonprofit organizations may more effectively and efficiently combine Federal and State resources to support projects of common interest to those local governments and those organizations. §7102. Definitions In this chapter— (1) "applicant" means a State, local government, or private nonprofit organization applying for assistance for one project. (2) "assistance program" meems a program of the United States Government providing assistance through a grant or contract but does not include revenue sharing, a loan, a loan guarantee, or insurance. (3) "local government" means a county, city, political subdivision of a county or city, or other general purpose politicial subdivision of a State, a school district, a council of governments, or other instrumentality of a local government. (4) "project" means an undertaking that includes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for assistance under— (A) more than one United States Government program; or

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PUBLIC LAW 97-258—SEPT. 13, 1982 (B) at least one Government program and at least one State program. (5) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a tribe as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).

Regulations.

§ 7103. Authority of the President and heads of executive agencies (a) The President shall prescribe necessary regulations to carry out section 7101 of this title and to ensure that this chapter is applied by all executive agencies consistently. The regulations may require executive agencies to adopt or prescribe procedures requiring applicants for assistance for a project to be jointly financed under this chapter to take steps to— (1) get the views and recommendations of States and local governments that may be significantly affected by the project; and (2) resolve questions of common interest to those States and local governments before making application. (b) Subject to regulations prescribed under subsection (a) of this section and other law, the head of an executive agency may do the following by an order of the agency head or by agreement with another executive agency: (1) identify related programs likely to be particularly suitable in providing joint financing for specific kinds of projects. (2) to assist in planning and developing a project financed from different programs, develop and prescribe— (A) guidelines; (B) model or illustrative projects; (C) joint or common application forms; and (D) other materials or guidance. (3) review administrative program requirements to identify requirements that may impede joint financing of a project and modify the requirements when appropriate. (4) establish common technical or administrative regulations for related programs to assist in providing joint financing to support a specific project or class of projects. (5) establish joint or common application processing and project supervision procedures, including procedures for designating— (A) a lead agency responsible for processing applications; and (B) a managing agency responsible for project supervision. (c) The head of an executive agency shall— (1) take maximum action to carry out section 7101 of this title in conducting an assistance program of the agency; and (2) consult and cooperate with the heads of other executive agencies to carry out section 7101 of this title in conducting assistance programs of different executive agencies that may be used jointly to finance projects undertaken by States, local governments, or private nonprofit organizations.

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§ 7104. Processing project requests to be financed by at least 2 assistance programs In processing an application or request for assistance for a project to be financed by at least 2 assistance programs, the head of an executive agency shall take action that will ensure that— (1) required reviews and approvals are handled expeditiously; (2) complete account is taken of special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly financed project; (3) an applicant is required to deal with a minimum number of representatives of the United States Government; (4) an applicant is promptly informed of a decision or special problem that could affect the feasibility of providing joint assistance under the application; and (5) an applicant is not required to get information or assurances from one executive agency for a requesting executive agency when the requesting agency may get the information or assurances directly. § 7105. Prescribing uniform technical and administrative provisions (a) To make participation in a project easier than would be possible because of varying or conflicting technical or administrative regulations and procedures not required by law, the head of an executive agency may prescribe uniform provisions about inconsistent or conflicting requirements on— (1) financial administration of the project (including accounting, reporting and auditing, and maintaining a separate bank account), to the extent consistent with section 7108 of this title; (2) the timing of payments by the United States Government for the project when one schedule or a combined schedule is to be established for the project; (3) providing assistance by grant rather than procurement contract or by procurement contract rather than by grant; and (4) accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Government when common regulations are established for the project. (b) To make easier the processing of applications for assistance, the head of an executive agency may provide for review of proposals for a project by one panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by law. (c) Notwithstanding a requirement that one public agency or a Waiver, specific public agency be established or designated to carry out or supervise that part of the assistance from the Government under an assistance program for a jointly financed project, the head of the executive agency carrying out the program may waive the requirement when— (1) administration by another public agency is consistent with State or local law and the objectives of the assistance program; and (2)(A) the waiver is requested by the head of a unit of general government certifying jurisdiction over the public agencies concerned; or

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