42 U.S.C. § 12655 — General authority

Page 8421 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655 1 So in original. Probably should be followed by a period. (A) the number of small and midsize non- profit organizations that will be served by the grant; (B) the degree to which the activities pro- posed to be provided through the grant will assist a wide number of nonprofit organiza- tions within a State, relative to the pro- posed amount of the grant; and (C) the quality of the organizational devel- opment assistance to be delivered by the intermediary nonprofit grantee, including the qualifications of its administrators and representatives, and its record in providing services to small and midsize nonprofit orga- nizations. (f) Federal share (1) In general The Federal share of the cost as referenced in subsection (b) shall be 50 percent. (2) Non-Federal share (A) In general The non-Federal share of the cost as ref- erenced in subsection (b) shall be 50 percent and shall be provided in cash. (B) Third party contributions (i) In general Except as provided in clause (ii), an intermediary nonprofit grantee shall pro- vide the non-Federal share of the cost through contributions from third parties. The third parties may include charitable grantmaking entities and grantmaking ve- hicles within existing organizations, enti- ties of corporate philanthropy, corpora- tions, individual donors, and regional, State, or local government agencies, or other non-Federal sources. (ii) Exception If the intermediary nonprofit grantee is a private foundation (as defined in section 509(a) of title 26), a donor advised fund (as defined in section 4966(d)(2) of such title), an organization which is described in sec- tion 4966(d)(4)(A)(i) of such title, or an or- ganization which is described in section 4966(d)(4)(B) of such title, the grantee shall provide the non-Federal share from within that grantee’s own funds. (iii) Maintenance of effort, prior year third- party funding levels For purposes of maintaining private sec- tor support levels for the activities speci- fied by this program, a non-Federal share that includes donations by third parties shall be composed in a way that does not decrease prior levels of funding from the same third parties granted to the non- profit intermediary grantee in the pre- ceding year. (g) Reservation Of the amount authorized to provide financial assistance under this division, there shall be made available to carry out this section $5,000,000 for each of fiscal years 2010 through 2014. (Pub. L. 101–610, title I, § 198S, as added Pub. L. 111–13, title I, § 1809, Apr. 21, 2009, 123 Stat. 1575.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. Division I—American Conservation and Youth Service Corps Editorial Notes CODIFICATION Subtitle I of title I of Pub. L. 101–610, comprising this division, was formerly classified to part C (§ 12541 et seq.) of this subchapter prior to the general amendment by Pub. L. 103–82, § 101(a). § 12655. General authority The Corporation may make grants to States or local applicants and may transfer funds to the Secretary of Agriculture or to the Secretary of the Interior for the creation or expansion of full-time, part-time, year-round, or summer, youth corps programs 1 To the extent prac- ticable, the Corporation shall apply the provi- sions of division C in making grants under this section. (Pub. L. 101–610, title I, § 199A, formerly § 121, Nov. 16, 1990, 104 Stat. 3140; Pub. L. 102–384, § 5, Oct. 5, 1992, 106 Stat. 1455; renumbered § 199A and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (2), Sept. 21, 1993, 107 Stat. 788, 815.) Editorial Notes CODIFICATION Section was formerly classified to section 12541 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Pub. L. 103–82, § 101(e)(1), (2), substituted ‘‘Cor- poration’’ for ‘‘Commission’’, substituted ‘‘or to the Secretary of the Interior’’ for ‘‘, to the Secretary of the Interior, or to the Director of ACTION’’, struck out ‘‘under section 12512 of this title’’ after ‘‘may make grants’’, and inserted at end ‘‘To the extent prac- ticable, the Corporation shall apply the provisions of division C in making grants under this section.’’ 1992—Pub. L. 102–384 amended section generally. Prior to amendment, section read as follows: ‘‘The Commis- sion may make grants under section 12512 of this title to States or local applicants, to the Secretary of Agri- culture, to the Secretary of the Interior, or to the Di- rector of ACTION for the creation or expansion of full- time or summer youth corps programs.’’ 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. SHORT TITLE For short title of subtitle I of title I of Pub. L. 101–610 which enacted this division, as the American Conserva- tion and Youth Service Corps Act of 1990, see section 199 of Pub. L. 101–610, set out as a note under section 12501 of this title. 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,