42 U.S.C. § 12655c — Focus of programs

Page 8422 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655a 1 So in original. The comma probably should not appear. § 12655a. Limitation on purchase of capital equipment Not to exceed 10 percent of the amount of as- sistance made available to a program agency under this division shall be used for the pur- chase of major capital equipment. (Pub. L. 101–610, title I, § 199B, formerly § 122, Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–10, § 5(2), Mar. 12, 1991, 105 Stat. 30; renumbered § 199B and amended Pub. L. 103–82, title I, § 101(a), (e)(3), Sept. 21, 1993, 107 Stat. 788, 815.) Editorial Notes CODIFICATION Section was formerly classified to section 12542 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Pub. L. 103–82, § 101(e)(3), amended section gen- erally, substituting provisions relating to limitation on purchase of capital equipment for provisions relating to allocation of funds. 1991—Subsec. (e). Pub. L. 102–10 inserted ‘‘service’’ after ‘‘youth’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655b. State application (a) Submission To be eligible to receive a grant under this di- vision, a State or Indian tribe (or a local appli- cant if section 12655 of this title applies) shall prepare and submit to the Corporation, an appli- cation at such time, in such manner, and con- taining such information as the Corporation may reasonably require. (b) General content An application submitted under subsection (a) shall describe— (1) any youth corps program proposed to be conducted directly by such applicant with as- sistance provided under this division; and (2) any grant program proposed to be con- ducted by such State with assistance provided under this division for the benefit of entities within such State. (Pub. L. 101–610, title I, § 199C, formerly § 123, Nov. 16, 1990, 104 Stat. 3141; Pub. L. 102–10, § 5(3), Mar. 12, 1991, 105 Stat. 30; renumbered § 199C and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (4), Sept. 21, 1993, 107 Stat. 788, 815.) Editorial Notes CODIFICATION Section was formerly classified to section 12543 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Subsec. (a). Pub. L. 103–82, § 101(e)(1), (4)(A), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’ in two places and ‘‘section 12655 of this title’’ for ‘‘section 12542(b) of this title’’ and struck out before period at end ‘‘, including the information required under subsection (b) of this section’’. Subsecs. (c), (d). Pub. L. 103–82, § 101(e)(4)(B), struck out subsec. (c) which specified required contents of State applications and subsec. (d) which required State applicants to establish and implement programs to make grants to applicants within the State. 1991—Subsec. (c)(14), (15). Pub. L. 102–10 added par. (14) and redesignated former par. (14) as (15). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655c. Focus of programs (a) In general Programs that receive assistance under this division may carry out activities that— (1) in the case of conservation corps pro- grams, focus on— (A) conservation, rehabilitation, and the improvement of wildlife habitat, rangelands, parks, and recreational areas; (B) urban and rural revitalization, histor- ical and cultural site preservation, and re- forestation of both urban and rural areas; (C) fish culture, wildlife habitat mainte- nance and improvement, and other fishery assistance; (D) road and trail maintenance and im- provement; (E) erosion, flood, drought, and storm dam- age assistance and controls; (F) stream, lake, waterfront harbor, and port improvement; (G) wetlands protection and pollution con- trol; (H) insect, disease, rodent, and fire preven- tion and control; (I) the improvement of abandoned railroad beds and rights-of-way; (J) energy conservation projects, renew- able resource enhancement, and recovery of biomass; (K) reclamation and improvement of strip- mined land; (L) forestry, nursery, and cultural oper- ations; and (M) making public facilities accessible to individuals with disabilities. (2) in the case of youth service corps pro- grams, include participant service in— (A) State, local, and regional govern- mental agencies; (B) nursing homes, hospices, senior cen- ters, hospitals, local libraries, parks, rec- reational facilities, child and adult day care centers, programs serving individuals with disabilities, and schools; (C) law enforcement agencies,1 and penal and probation systems; (D) private nonprofit organizations that primarily focus on social service such as community action agencies; (E) activities that focus on the rehabilita- tion or improvement of public facilities, Page 8423 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655e 1 See References in Text note below. neighborhood improvements, literacy train- ing that benefits educationally disadvan- taged individuals, weatherization of and basic repairs to low-income housing includ- ing housing occupied by older adults, energy conservation (including solar energy tech- niques), removal of architectural barriers to access by individuals with disabilities to public facilities, activities that focus on drug and alcohol abuse education, preven- tion and treatment, and conservation, main- tenance, or restoration of natural resources on publicly held lands; and (F) any other nonpartisan civic activities and services that the Corporation deter- mines to be of a substantial social benefit in meeting unmet human, educational, or envi- ronmental needs (particularly needs related to poverty) or in the community where vol- unteer service is to be performed; or (3) encompass the focuses and services de- scribed in both paragraphs (1) and (2). (b) Limitation on service No participant shall perform any specific ac- tivity for more than a 6-month period. No par- ticipant shall remain enrolled in programs as- sisted under this division for more than 24 months. (Pub. L. 101–610, title I, § 199D, formerly § 124, Nov. 16, 1990, 104 Stat. 3143; Pub. L. 102–10, § 5(4), Mar. 12, 1991, 105 Stat. 30; renumbered § 199D and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (5), Sept. 21, 1993, 107 Stat. 788, 815, 816.) Editorial Notes CODIFICATION Section was formerly classified to section 12544 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Subsec. (a)(2)(F). Pub. L. 103–82, § 101(e)(1), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’. Subsecs. (b), (c). Pub. L. 103–82, § 101(e)(5), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which related to ineligible service categories. 1991—Subsec. (a)(2). Pub. L. 102–10, § 5(4)(A), sub- stituted ‘‘youth service’’ for ‘‘human services’’ in intro- ductory provisions. Subsec. (c). Pub. L. 102–10, § 5(4)(B), substituted ‘‘any specific activity for more than a 6-month period. No participant shall remain enrolled in programs’’ for ‘‘services in any project for more than a 6-month pe- riod. No participant shall remain enrolled in projects’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655d. Related programs An activity administered under the authority of the Secretary of Health and Human Services, that is operated for the same purpose as a pro- gram eligible to be carried out under this divi- sion, is encouraged to use services available under this division. (Pub. L. 101–610, title I, § 199E, formerly § 125, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199E, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.) Editorial Notes CODIFICATION Section was formerly classified to section 12545 of this title prior to renumbering by Pub. L. 103–82, § 101(a). § 12655e. Public lands or Indian lands (a) Limitation To be eligible to receive assistance through a grant provided under this division, a program shall carry out activities on public lands or In- dian lands, or result in a public benefit. (b) Review of applications In reviewing applications submitted under sec- tion 12655b of this title that propose programs or projects to be carried out on public lands or In- dian lands, the Corporation shall consult with the Secretary of the Interior. (c) Consistency A program carried out with assistance pro- vided under this division for conservation, reha- bilitation, or improvement of any public lands or Indian lands shall be consistent with— (1) the provisions of law and policies relating to the management and administration of such lands, and all other applicable provisions of law; and (2) all management, operational, and other plans and documents that govern the adminis- tration of such lands. (d) Participation by other conservation pro- grams Any land or water conservation program (or any related program) administered in any State under the authority of any Federal program is encouraged to use services available under this part 1 to carry out its program. (Pub. L. 101–610, title I, § 199F, formerly § 126, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199F and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (6), Sept. 21, 1993, 107 Stat. 788, 815, 816.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (d), is unidentifiable in the original because subtitle I (§§ 199 to 199O) of title I of Pub. L. 101–610 does not contain parts. CODIFICATION Section was formerly classified to section 12546 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Subsec. (b). Pub. L. 103–82, § 101(e)(1), (6), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’ and ‘‘section 12655b of this title’’ for ‘‘section 12543 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.