PUBLIC LAW 97-35—AUG. 13, 1981
95 STAT. 395
"(4) the city or urban county makes available, from its own funds or from funds received from the State or under any Federal program which permits the use of financial assistance to meet the non-Federal share requirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the application. "(f) Activities assisted under this section may include such activities, in addition to those authorized under section 105(a), as the 42 USC 5305. Secretary determines to be consistent with the purposes of this section. "(g) The Secretary shall, at least on an annual basis, make reviews Reviews and and audits of recipients of grants under this section as necessary to audits. determine the progress made in carrying out activities substantially in accordance with approved plans and timetables. The Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with the findings of these reviews and audits, except that funds edready expended on eligible activities under this title shall not be recaptured or deducted from future grants made to the recipient. "(h) No assistance may be provided under this section for projects Industrial intended to facilitate the relocation of industrial or commercial or commercial plants or facilities from one area to another, unless the Secretary plants or facilities, assistance. finds that the relocation does not significantly and adversely affect the unemployment or economic base of the area from which the industrial or commercial plant or facility is to be relocated. "(i) Not less than 25 per centum of the funds made available for grants under this section shall be used for cities with populations of less than fifty thousand persons which are not central cities of a metropolitan statistical area. "(j) A grant may be made under this section only where the Secretary determines that there is a strong probability that (1) the non-Federal investment in the project would not be made without the grant, and (2) the grant would not substitute for non-Federal funds which are otherwise available to the project. "(k) In making grants under this section, the Secretary shall take such steps as the Secretary deems appropriate to assure that the amount of the grant provided is the least necessary to make the project feasible.
- (1) For purposes of this section, the Secretary may reduce or waive
the requirement in section 102(a)(5)(B)(ii) that a town or township be 42 USC 5302. closely settled. "(m) In the case of any application which identifies any property in accordance with subsection (c)(4)(B), the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation officer and the Secretary of the Interior have been provided an opportunity to take action in accordance with the 94 Stat. 1620. provisions of section 121(b). "(n)(1) For the purposes of this section, the term 'city' includes 42 USC 5320. "City.'^ Guam, the Virgin Islands, and Indian tribes. "(2) The Secretary may not approve a grant to an Indian tribe under this section unless the tribe (A) is located on a reservation or in an Alaskan Native Village, and (B) is an eligible recipient under the State and Local Fiscal Assistance Act of 1972. 31 USC 1221 "(o) If no amounts are set aside under, or amounts are precluded note. from being appropriated for this section for fiscal years after fiscal year 1983, any amount which is or becomes available for use under