Page:United States Statutes at Large Volume 112 Part 2.djvu/93

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PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 977 (i) ALLOCATION.— In allocating the funds described in paragraph (1) to local areas, a State may allocate— (I) 33 Vs percent of the funds on the basis described in section 127(b)(l)(C)(ii)(I); (II) 33^3 percent of the funds on the basis described in section 127(b)(l)(C)(ii)(II); and (III) 33 Va percent of the funds on the basis described in clauses (ii)(III) and (iii) of section 127(b)(1)(C). (ii) MINIMUM PERCENTAGE. —Effective at the end of the second full fiscal year after the date on which a local area is designated under section 116, the local area shall not receive an allocation percentage for a fisced year that is less than 90 percent of the average allocation percentage of the local area for the 2 preceding fiscal years. Amounts necessary for increasing such allocations to local areas to comply with the preceding sentence shall be obtained by ratably reducing the allocations to be made to other local areas under this subparagraph. (iii) DEFINITION. — The term "allocation percentage", used with respect to fiscal year 2000 or a subsequent fiscal year, means a percentage of the funds referred to in clause (i), received through an allocation made under this subparagraph, for the fiscal year. (B) APPLICATION. — For purposes of carrying out subparagraph (A)— (i) references in section 127(b) to a State shall be deemed to be references to a local area; (ii) references in section 127(b) to all States shall be deemed to be references to all local areas in the State involved; and (iii) except as described in clause (i), references in section 127(b)(1) to the term "excess number" shall be considered to be references to the term as defined in section 127(b)(2). (3) YOUTH DISCRETIONARY ALLOCATION. — In lieu of making the allocation described in paragraph (2)(A), in allocating the funds described in paragraph (1) to local areas, a State may distribute— (A) a portion equal to not less than 70 percent of the funds in accordance with paragraph (2)(A); and (B) the remgdning portion of the funds on the basis of a formula that— (i) incorporates additional factors (other than the factors described in paragraph (2)(A)) relating to— (I) excess youth poverty in urban, rural, and suburban local areas; and (II) excess unemployment above the State average in urban, rural, and suburban local areas; and (ii) was developed by the State board and approved by the Secretary as part of the State plan. (4) LIMITATION.— (A) IN GENERAL.—Of the amount allocated to a local area under this subsection and section 133(b) for a fiscal year, not more than 10 percent of the amount may be