12 2 STA T .389 8 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 ‘ ‘ (B)section13 o f t h e A ct of Mar ch1 , 1 9 11 (3 6S tat . 963
16 U .S. C . 50 0). ‘‘( 2 ) EXPENDITUR E PURP OS ES. — S ubj ect to subsection ( d ), p a ym ents recei v ed by a State under subsection (a) and distrib - uted to counties in accordance w ith para g raph (1) sha l lbe e x pended as re q uired by the laws referred to in paragraph (1). ‘‘(d) EXPENDITURE R U L ES F OR ELI G I B LE COUNTIES.— ‘‘(1) ALLO CA TIONS.— ‘‘(A) USE OF PORTION IN SA M E MANNER AS 25 -PERCENT PA Y MENT OR 5 0 -PERCENT PAYMENT, AS APPLICABLE.—Except as provided in paragraph (3)(B), if an eligible county elects to receive its share of the State payment or the county payment, not less than 8 0 percent, but not more than 85 percent, of the funds shall be expended in the same manner in which the 25-percent payments or 50-percent payment, as applicable, are required to be expended. ‘‘(B) ELECTION AS TO USE OF BALANCE.—Except as pro- vided in subparagraph (C), an eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A)
‘‘(i) Reserve any portion of the balance for projects in accordance with title I I. ‘‘(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III. ‘‘(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the T reasury of the United States. ‘‘(C) COUNTIES W IT H MODEST DISTRIBUTIONS.—In the case of each eligible county to which more than $ 100,000, but less than $350,000, is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county, with respect to the balance of any funds not expended pursuant to subpara- graph (A) for that fiscal year, shall— ‘‘(i) reserve any portion of the balance for— ‘‘(I) carrying out projects under title II; ‘‘(II) carrying out projects under title III; or ‘‘(III) a combination of the purposes described in subclauses (I) and (II); or ‘‘(ii) return the portion of the balance not reserved under clause (i) to the Treasury of the United States. ‘‘(2) D ISTRIBUTION OF FUNDS.— ‘‘(A) IN GENERAL.— F unds reserved by an eligible county under subparagraph (B)(i) or (C)(i) of paragraph (1) for carrying out projects under title II shall be deposited in a special account in the Treasury of the United States. ‘‘(B) A V AILABILITY.—Amounts deposited under subpara- graph (A) shall— ‘‘(i) be available for expenditure by the Secretary concerned, without further appropriation; and ‘‘(ii) remain available until expended in accordance with title II. ‘‘(3) ELECTION.— ‘‘(A) N OTIFICATION.—
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