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42 U.S.C. § 15026Federal and non-Federal share

submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 436 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government usually pays up to 75 percent of project costs under this part. That share can rise to 90 percent for poverty-area projects and 100 percent for Council-run State plan activities. States can meet their own share with cash, in-kind help, or contributions from partners.

(a) Aggregate cost. (1) In general. Except as noted below, the federal government's share of project costs in a State can't be more than 75% of the total necessary cost, as the Secretary decides. (2) Urban or rural poverty areas. For projects that target people with developmental disabilities living in urban or rural poverty areas (as the Secretary decides), the federal share can go up to 90%. (3) State plan activities. For projects run by the Council or its staff to carry out the State plan, the federal share can be up to 100%. (b) Nonduplication. When figuring a State's federal share under an approved State plan, the Secretary ignores: (1) any cost already paid with federal funds from a law other than section 15022; and (2) any non-federal funds a State had to spend as a condition of getting those other federal funds. (c) Non-Federal share. (1) In-kind contributions. The State's non-federal share can be cash or fairly valued in-kind contributions, like equipment, property, or services. (2) Contributions of political subdivisions and public or private entities. (A) Contributions from a city, county, or public/private entity working with the State count as the State's own contribution, subject to Secretary rules. (B) This includes contributions the designated State agency makes to support the Council under section 15025(d)(4). (3) Variations of the non-Federal share. The non-federal share required of each grant recipient from a Council can differ from recipient to recipient.
the actual law source: uscode.house.gov ↗public domain
(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 part 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 the 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 15024 of this title, 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 15022 of this title; 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 part 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 15004(b) of this title, be considered to be contributions by such State, in the case of a project supported under this part.

(B) State contributions

State contributions, including contributions by the designated State agency to provide support services to the Council pursuant to section 15025(d)(4) of this title, may be counted as part of such State’s non-Federal share of the cost of projects supported under this part.

(3) Variations of the non-Federal share

The non-Federal share required of each recipient of a grant from a Council under this part may vary.

Source credit: (Pub. L. 106–402, title I, § 126, Oct. 30, 2000, 114 Stat. 1710.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-402 · 114 Stat. 1710

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.

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