12 2 STA T .389 9 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 ‘ ‘ (i)INGE NE RAL.—Anel i g i b le cou n tysha ll noti f y the S ec r etary concerne d of an election by the eligible county under this subsection not later than Se p te m ber 30,2 00 8 (or as soon thereafter as the Secretary con - cerned determines is practicable), and each September 30 thereafter for each succeeding fiscal year. ‘‘(ii) F A I L U RE TO ELE C T.— Ex cept as pro v ided in subparagraph ( B ), if the eligible county fails to ma k e an election by the date specified in clause (i), the eligible county shall— ‘‘(I) be considered to have elected to expend 8 5 percent of the funds in accordance w ith para- graph ( 1 )(A)
and ‘‘(II) return the balance to the T reasury of the U nited States. ‘‘(B) C OUNTIE SW IT HM INOR D ISTRI B UTIONS.—In the case of each eligible county to which less than $ 100,000 is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county may elect to expend all the funds in the same manner in which the 25-percent payments or 50-percent payments, as applicable, are re q uired to be expended. ‘‘(e) TIME F OR P A Y MENT.—The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year. ‘ ‘ SEC.103 . TRAN S I TI O N P A YM ENTS TO STATES. ‘‘(a) D EFINITIONS.—In this section
‘‘(1) AD J USTED AMOUNT.—The term ‘ad j usted amount ’ means, with respect to a covered State— ‘‘(A) for fiscal year 2008, 9 0 percent of— ‘‘(i) the sum of the amounts paid for fiscal year 200 6 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2008; and ‘‘(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of O regon that have elected under section 102(b) to receive the county payment for fiscal year 2008; ‘‘(B) for fiscal year 2009, 81 percent of— ‘‘(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2009; and ‘‘(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2009; and ‘‘(C) for fiscal year 2010, 7 3 percent of— ‘‘(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State 16USC7 11 3.
�
