114 STAT. 1710 PUBLIC LAW 106-402—OCT. 30, 2000 for the fiscal year that is not less than the total amount the State expended from such sources for carrying out similar responsibilities for the previous fiscal year. (ii) EXCEPTION.— Clause (i) shall not apply in a year in which the Council is the designated State agency. (B) SUPPORT SERVICES PROVIDED BY OTHER AGENCIES.— With the agreement of the designated State agency, the Council may use or contract with agencies other than the designated State agency to perform the functions of the designated State agency. 42 USC 15026. SEC. 126. FEDERAL AND NON-FEDERAL SHARE. (a) AGGREGATE COST. — (1) IN GENERAL. —Except as provided in paragraphs (2) and (3), the Federal share of the cost of all projects in a State supported by an allotment to the State under this subtitle may not be more than 75 percent of the aggregate necessary cost of such projects, as determined by the Secretary. (2) URBAN OR RURAL POVERTY AREAS.— In the case of projects whose activities or products target individuals with developmental disabilities who live in urban or rural poverty areas, as determined by the Secretary, the Federal share of the cost of all such projects may not be more than 90 percent of the aggregate necessary cost of such projects, as determined by the Secretary. (3) STATE PLAN ACTIVITIES.— In the case of projects undertaken by th«3 Council or Council staff to implement State plan activities, the Federal share of the cost of all such projects may be not more than 100 percent of the aggregate necessary cost of such activities. (b) NONDUPLICATION. —In determining the amount of any State's Federal share of the cost of such projects incurred by such State under a State plan approved under section 124, the Secretary shall not consider— (1) any portion of such cost that is financed by Federal funds provided under any provision of law other than section 122; and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of the Federal funds described in paragraph (1). (c) NON-FEDERAL SHARE.— (1) IN-KIND CONTRIBUTIONS.—The non-Federal share of the cost of any project supported by an allotment under this subtitle may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. (2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS AND PUBLIC OR PRIVATE ENTITIES. — (A) IN GENERAL.— Contributions to projects by a political subdivision of a State or by a public or private entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regulation prescribe under section 104(b), be considered to be contributions by such State, in the case of a project supported under this subtitle. (B) STATE CONTRIBUTIONS.— State contributions, including contributions by the designated State agency to
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