Page:United States Statutes at Large Volume 89.djvu/549

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-103—OCT. 4, 1975

89 STAT. 4 8 9

P A R T C — R E VI S I O N OF ALLOTMENT PROGRAM STATE ALLOTMENTS

SEC. 110. (a) Section 131 of the Act is amended to read as follows:

42 USC 6061.

"AUTHORIZATION OF APPROPRIATIONS FOR ALLOTMENTS

" SEC. 131. For allotments under section 132, there are authorized to be appropriated $40,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, and $60,000,000 for fiscal year 1978. (b) Subsection (a) of section 132 of the Act is amended to read as follows: " (a)(1)(A) I n each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 131 among the States on the basis of— " (i) the population, " ( i i) the extent of need for services and facilities for persons with developmental disabilities, and " (iii) the financial need, of the respective States. Sums allotted to the States under this section shall be used in accordance with approved State plans under section 134 for the provision under such plans of services and facilities for persons with developmental disabilities. " (B)(i) Except as provided by clause (ii) — " (1) the allotment of the Virgin Islands, American Samoa, Guam, and the T r u s t Territory of the Pacific Islands under subparagraph (A) of this paragraph in any fiscal year shall not be less than $50,000; and " ( II) the allotment of each other State in any fiscal year shall not be less than the greater of $150,000, or the amount of the allotment (determined without regard to subsection (d)) received by the State for the fiscal year ending June 30, 1974. " ( i i) I f the amount appropriated under section 131 for any fiscal year exceeds $50,000,000, the minimum allotment of a State for such fiscal year shall be increased by an amount which bears the same ratio to the amount determined for such State under clause (i) as the difference between the amount so appropriated and the amount authorized to be appropriated for such fiscal year bears to $50,000,000. " (2) I n determining, for purposes of paragraph (l)(A) ( i i), the extent of need in any State for services and facilities for persons with developmental disabilities, the Secretary shall take into account the scope and extent of the services specified, pursuant to section 134(b) (5), in the State plan of such State approved under section 134. " (3) Sums allotted to a State in a fiscal year and designated by it for construction and remaining unobligated at the end of such year shall remain available to such State for such purpose in the next fiscal year (and in such year o n l y), in addition to the sums allotted to such State in such next fiscal year; except that if the maximum amount which may be specified for construction (pursuant to section 134(b) (15)) for a year plus any part of the amount so specified pursuant to such section for the preceding fiscal year and remaining unobligated at the end of such fiscal year is not sufficient to p a y the Federal share of the cost of construction of a specific facility included in the construction program of the State developed pursuant to section 134(b) (13), the amount specified pursuant to section 134(b) (15) for such preceding year shall remain available for a second additional year for

Infra. 42 USC 6062.

Supra.

Post, p. 490.

Post, p. 490.

Post, p. 490.