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42 U.S.C. § 3144 — Cost sharing

submitted 28 years ago by Pub. L. 89-136 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 425 words · no verdicts yet

in plain englishAI-generated · not legal advice

For most projects, federal funding may cover up to 60 percent plus a needs-based addition of up to 30 percent. The Secretary may raise the federal share to 100 percent for the listed tribes, governments, nonprofits, training, research, technical-assistance, and small-community projects.

(a) Federal share. Except under (c), the federal share may not exceed (1) 60 percent plus (2) an additional percentage that (A) may not exceed 30 percent and (B) is based on the area’s relative needs under the Secretary’s regulations. (b) Nonfederal share. (1) The Secretary may credit fairly valued cash and in-kind contributions, including space, equipment, assumed debt, and services. (2) Regional Commission funds contributed to a project may count as the nonfederal share despite other law. (c) Increase. (1) For an Indian tribe, the Secretary may raise the share to 100 percent. (2) For a State or subdivision that has exhausted effective taxing and borrowing capacity or documents that local matching funds cannot reasonably be obtained, or a nonprofit that has exhausted effective borrowing capacity, the Secretary may raise it to 100 percent. (3) For a grant under § 3143 or § 3147, the Secretary may raise it to 100 percent. (4) For a State subdivision with fewer than 10,000 residents that meets at least one § 3161(a) eligibility criterion, the Secretary may raise the share under (1) to 100 percent.

the actual law source: uscode.house.gov ↗public domain
(a) Federal share

Except as provided in subsection (c), the Federal share of the cost of any project carried out under this subchapter shall not exceed—

(1)

60 percent; plus

(2)

an additional percent that—

(A)

shall not exceed 30 percent; and

(B)

is based on the relative needs of the area in which the project will be located, as determined in accordance with regulations promulgated by the Secretary.

(b) Non-Federal share
(1) In general

In determining the amount of the non-Federal share of the cost of a project, the Secretary may provide credit toward the non-Federal share for all contributions both in cash and in-kind, fairly evaluated, including contributions of space, equipment, assumptions of debt, and services.

(2) Regional Commission funds

Notwithstanding any other provision of law, any funds contributed by a Regional Commission for a project under this subchapter may be considered to be part of the non-Federal share of the costs of the project.

(c) Increase in Federal share
(1) Indian tribes

In the case of a grant to an Indian tribe for a project under this subchapter, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.

(2) Certain States, political subdivisions, and nonprofit organizations

In the case of a grant to a State, or a political subdivision of a State, that the Secretary determines has exhausted the effective taxing and borrowing capacity of the State or political subdivision or can otherwise document that no local matching funds are reasonably obtainable, or in the case of a grant to a nonprofit organization that the Secretary determines has exhausted the effective borrowing capacity of the nonprofit organization, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.

(3) Training, research, and technical assistance

In the case of a grant provided under section 3143 or 3147 of this title, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 100 percent of the cost of the project.

(4) Small communities

In the case of a grant to a political subdivision of a State (as described in section 3122(6)(A)(iv) of this title) that has a population of fewer than 10,000 residents and meets 1 or more of the eligibility criteria described in section 3161(a) of this title, the Secretary may increase the Federal share under paragraph (1) up to 100 percent of the total cost of the project.

Source credit: (Pub. L. 89–136, title II, § 204, as added Pub. L. 105–393, title I, § 102(a), Nov. 13, 1998, 112 Stat. 3603; amended Pub. L. 108–373, title II, § 202, Oct. 27, 2004, 118 Stat. 1759; Pub. L. 118–272, div. B, title II, § 2215, Jan. 4, 2025, 138 Stat. 3181.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 89-136 · 112 Stat. 3603
  • 2004Amended · Pub. L. 108-373 · 118 Stat. 1759
  • 2025Amended · Pub. L. 118-272 · 138 Stat. 3181

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-136 on 1998-11-13.

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