Page:United States Statutes at Large Volume 84 Part 1.djvu/1381

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[84 STAT. 1323]
[84 STAT. 1323]
PUBLIC LAW 91-000—MMMM. DD, 1970

84 STAT. ]

PUBLIC LAW 91-517-OCT. 30, 1970

1323

"PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND SERVICES

"SEC. 137. (a)(1) From each State's allotments for a fiscal year under section 132, the State shall be paid the Federal share of the expenditures, other than expenditures for construction, incurred during such year under its State plan approved under this part. Such payments shall be made from time to time in advance on the basis of estimates by the Secretary of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this section. " (2) For the purpose of determining the Federal share with respect to any State, expenditures by a political subdivision thereof or by nonprofit private agencies, organizations, and groups shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State. "(b)(1) Except as provided in paragraph (2), the 'Federal share' ^"Fe^derai with respect to any State for purposes of this section for any fiscal share." year shall be 75 per centum of the expenditures, other than expenditures for construction, incurred by the State during such year under its State plan approved under this part during each of the fiscal years ending June 30, 1971, and June 30, 1972, and 70 per centum of such nonconstruction expenditures during the fiscal year ending June 30, 1973. "(2) In the case of any project located in an area within a State „„)/'^(.^"^°'J"'"^' determined by the Secretary to be an urban or rural poverty area, poverty area. the 'Federal share' with respect to such project for purposes of this section for any fiscal year may be up to 90 per centum of the expenditures, other than expenditures for construction, incurred by the Sta^^e during such year under its State plan approved under this part wth respect to such project for the first twenty-four months of such project, and 80 per centum of such nonconstruction expenditures for the next tAvelve months. "WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND SERVICES

"SEC. 138. Whenever the Secretary, after reasonable notice and opportunity for hearing to the State planning and advisory council and the appropriate State agencies or agency, designated pursuant to section 134(b)(1) finds that— " (a) there is a failure to comply substantially with any of the provisions required by section 134 to be included in the State plan; or "(b) there is a failure to comply substantially with any regulations of the Secretary which are applicable to this part, the Secretary shall notify such State council and agency or agencies that further payments will not be made to the State under this part (or, in his discretion, that further payments will not be made to the State under this part for activities in which there is such failure), until he is satisfied that there will no longer be such failure. Until he is so satisfied, the Secretary shall make no further payment to the State under this part, or shall limit further payment under this part to such State to activities in which there is no such failure. "REGULATIONS

"SEC. 139. The Secretary, as soon as practicable, by general regulations applicable uniformly to all the States, shall prescribe— " (a) the kinds of services which are needed to provide adequate programs for persons with developmental disabilities, the kinds of