1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
Sec. 351e - Payments

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§351e. Payments (a) Prerequisites for payment

From the allotments available therefor under section 351c of this title from appropriations pursuant to clause (1), (2), or (3) of section 351b(a) of this title, the Secretary shall pay to each State which has a basic State plan approved under section 351d(a)(1) of this title, an annual program and a long-range program as defined in section 351a(12) and (13) of this title an amount equal to the Federal share of the total sums expended by the State and its political subdivisions in carrying out such plan, except that no payments shall be made from appropriations pursuant to such paragraph (1) for the purposes of subchapter I of this chapter to any State (other than Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)) for any fiscal year unless the Secretary determines that—

(1) there will be available from State and local sources for expenditure under the programs, during the fiscal year for which the allotment is made, an amount that equals or exceeds the amount required to provide the State percentage as required by subsection (b) of this section; and

(2)(A) there will be available for expenditure for State aid to public libraries and library systems, during the fiscal year for which the allotment is made, an aggregate amount equal to 90 percent of the amount actually expended for such purposes in the second preceding fiscal year; and

(B) there will be available for expenditure, during the fiscal year for which the allotment is made, for the State library administrative agency, or for the part thereof charged by State law with the extension and development of public library services throughout the State, an aggregate amount equal to 90 percent of the amount actually expended for such purpose in the second preceding fiscal year.

The Secretary may, in accordance with regulations, waive the requirements of paragraph (2) of this subsection, if the Secretary determines that the application of such paragraph would be unjust or unreasonable in the light of exceptional extenuating circumstances.

(b) Federal share; promulgation by Secretary

(1) For the purpose of this section, the “Federal share” for any State shall be, except as is provided otherwise in subchapter III of this chapter, 100 per centum less the State percentage, and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of all the States (excluding Puerto Rico, Guam, American Samoa, and 1 the Northern Mariana Islands 2 the Virgin Islands, the Commonwealth of the Northern Mariana Islands 2 and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)), except that (A) the Federal share shall in no case be more than 66 per centum, or less than 33 per centum, and (B) the Federal share for Puerto Rico, Guam, American Samoa, and 1 the Northern Mariana Islands 2 and the Virgin Islands shall be 66 per centum, and (C) the Federal share for the Commonwealth of the Northern Mariana Islands and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48) shall be 100 per centum.

(2) The “Federal share” for each State shall be promulgated by the Secretary within sixty days after the beginning of the fiscal year ending June 30, 1971, and of every second fiscal year thereafter, on the basis of the average per capita incomes of each of the States and of all the States (excluding Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Commonwealth of the Northern Mariana Islands 2 and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)), for the three most recent consecutive years for which satisfactory data are available to him from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years beginning after the promulgation.

(c) Indian tribes

From the sums available pursuant to the second sentence of section 351b(a) of this title, the Secretary shall pay to each Indian tribe which has an approved application under section 363 of this title an amount equal to such tribe's allotment under section 351c(c)(1) of this title and shall pay to each Indian tribe which has an approved plan under section 364 of this title an amount equal to such tribe's additional allocation under section 351d(g)(2) of this title, except that such additional allocation shall not exceed 80 percent of the cost of carrying out such plan.

(June 19, 1956, ch. 407, §7, as added Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1665; amended May 3, 1973, Pub. L. 93–29, title VIII, §801(d), 87 Stat. 59; Oct. 17, 1984, Pub. L. 98–480, title I, §§103(b)(1), 107, 98 Stat. 2237, 2239; Mar. 15, 1990, Pub. L. 101–254, §7(a), 104 Stat. 103; July 25, 1991, Pub. L. 102–73, title VIII, §802(e)(3), (4), 105 Stat. 361, 362.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsecs. (a) and (b), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Amendments

1991—Subsec. (a). Pub. L. 102–73, §802(e)(3), substituted “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “the Trust Territory of the Pacific Islands”.

Subsec. (b). Pub. L. 102–73, §802(e)(4), substituted “the Commonwealth of the Northern Mariana Islands and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “and the Trust Territory of the Pacific Islands” wherever appearing and, in subsec. (b)(1)(C), was executed as a substitution for “the Trust Territory of the Pacific Islands” to reflect the probable intent of Congress.

1990—Subsec. (a). Pub. L. 101–254 inserted pars. (1) and (2) and concluding sentence and struck out former pars. (1) and (2) which read as follows:

“(1) there will be available for expenditure under the programs from State and local sources during the fiscal year for which the allotment is made—

“(A) sums sufficient to enable the State to receive for the purpose of carrying out the programs payments in an amount not less than the minimum allotment for that State for the purpose, and

“(B) not less than the total amount actually expended, in the areas covered by the programs for such year, for the purposes of such programs from such sources in the second preceding fiscal year; and

“(2) there will be available for expenditure for the purposes of the programs from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for such purposes from such sources in the second preceding fiscal year.”

1984—Subsec. (a). Pub. L. 98–480, §§103(b)(1), 107(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner” in two places.

Subsec. (b)(1). Pub. L. 98–480, §107(3), (4), substituted “subchapter III” for “subchapter III and subchapter IV” and inserted “and the Northern Mariana Islands” after “American Samoa,” in two places.

Subsec. (b)(2). Pub. L. 98–480, §§103(b)(1), 107(5), substituted “Secretary” for “Commissioner” and inserted “the Northern Mariana Islands,” after “the Virgin Islands,”.

Subsec. (c). Pub. L. 98–480, §107(6), added subsec. (c).

1973—Subsec. (a). Pub. L. 93–29, §801(d)(1), inserted reference to par. (4) of section 351(a) of this title.

Subsec. (b)(1). Pub. L. 93–29, §801(d)(2), inserted reference to subchapter IV of this chapter.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–254 effective Oct. 1, 1990, see section 25 of Pub. L. 101–254, set out as a note under section 351a of this title.

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91–600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

1 So in original. The word “and” probably should not appear.

2 So in original. Probably should be followed by a comma.