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42 U.S.C. § 15026 — Federal and non-Federal share
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim); 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 pro
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Stable record: federal_law:legal_authorities:record_usc_d2fc4b44aef7335a99d90777
Source file: Laws/federal/codes/united-states-code/title-42/section-15026-federal-and-non-federal-share--3eadefbf54.md
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Source location: Title 42, Chapter 144, § 15026; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15004/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/d/4&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allotments**
(1) **In general**
(A) *Authority* — For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) among the States on the basis of—
(i) the population;
(ii) the extent of need for services for individuals with developmental disabilities; and
(iii) the financial need,
of the respective States.
(B) *Use of funds* — Sums allotted to the States under this section shall be used to pay for the Federal share of the cost of carrying out projects in accordance with State plans approved under [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim) for the provision under such plans of services for individuals with developmental disabilities.
(2) **Adjustments** — The Secretary may make adjustments in the amounts of State allotments based on clauses (i), (ii), and (iii) of paragraph (1)(A) not more often than annually. The Secretary shall notify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) that the adjusted allotment represents not later than 6 months before the beginning of the fiscal year in which such adjustment is to take effect.
(3) **Minimum allotment for appropriations less than or equal to $70,000,000**
(A) *In general* — Except as provided in paragraph (4), for any fiscal year the allotment under this section—
(i) to each of American
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15022
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any State desiring to receive assistance under this part shall submit to the Secretary, and obtain approval of, a 5-year strategic State plan under this section.
**(b) Planning cycle** The plan described in subsection (a) shall be updated as appropriate during the 5-year period.
**(c) State plan requirements** In order to be approved by the Secretary under this section, a State plan shall meet each of the following requirements:
(1) **State Council** — The plan shall provide for the establishment and maintenance of a Council in accordance with [section 15025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025&num=0&edition=prelim) and describe the membership of such Council.
(2) **Designated State agency** — The plan shall identify the agency or office within the State designated to support the Council in accordance with this section and [section 15025(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/d&num=0&edition=prelim) (referred to in this part as a “designated State agency”).
(3) **Comprehensive review and analysis** — The plan shall describe the results of a comprehensive review and analysis of the extent to which services, supports, and other assistance are available to individuals with developmental disabilities and their families, and the extent of unmet needs for services, supports, and other assistance for those individuals and their families, in the State. The results of the comprehensive review and analysis shall include—
(A) a description of the services, supports, and other assistance being provided to individuals with developmental disabilities and their families under other federally assisted State programs, plans, and policies und
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15024
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each State that receives assistance under this part shall establish and maintain a Council to undertake advocacy, capacity building, and systemic change activities (consistent with subsections (b) and (c) of [section 15001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim)) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this part. The Council shall have the authority to fulfill the responsibilities described in subsection (c).
**(b) Council membership**
(1) **Council appointments**
(A) *In general* — The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State.
(B) *Recommendations* — The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council may, at the initiative of the Council, or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations.
(C) *Representation* — The membership of the Council shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity.
(2) **Membership rotation** — The Governor shall make appropriate provisions to rotate the membership of the Council. Such provisions shall allow members
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15025
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Federal law — U.S. Code and appendices · legal_authorities
Page 8680
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15026
of Pub. L. 88–164, as added by Pub. L. 98–527, § 2, Oct. 19,
1984, 98 Stat. 2662, which was repealed by Pub. L.
106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737.
Part B of the Act was classified generally to subchapter
II (§ 6021 et seq.) of chapter 75 of this title. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
2004—Subsec. (c)(5)(G)(i). Pub. L. 108–446 substituted
‘‘part C’’ for ‘‘subtitle C’’.
Pub. L. 108–364 substituted ‘‘section 3003 or 3004 of
title 29’’ for ‘‘section 3011 or 3012 of title 29’’.
§ 15026. Federal and non-Federal share
(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 develop-
mental 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 Fed-
eral share of the cost of such projects incurred
by such State under a State plan approved under
section
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15026
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