42 U.S.C. § 15027 — Withholding of payments for planning,

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 L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2662, which was repealed by Pub.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 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 re- quired 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 serv- ices. (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 pri- vate entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regula- tion 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 contribu- tions by the designated State agency to pro- vide support services to the Council pursu- ant 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 re- cipient of a grant from a Council under this part may vary. (Pub. L. 106–402, title I, § 126, Oct. 30, 2000, 114 Stat. 1710.) § 15027. Withholding of payments for planning, administration, and services Whenever the Secretary, after providing rea- sonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that— (1) the Council or agency has failed to com- ply substantially with any of the provisions required by section 15024 of this title to be in- cluded in the State plan, particularly provi- sions required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c) of this title, or with any of the provisions required by section 15025(b)(3) of this title; or (2) the Council or agency has failed to com- ply substantially with any regulations of the Secretary that are applicable to this part, the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 15022 of this title (or, in the discretion of the Secretary, that further payments to the State under sec- tion 15022 of this title for activities for which there is such failure), until the Secretary is sat- isfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 15022 of this title, or shall limit further payments under section 15022 of this title to such State to activities for which there is no such failure. (Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.) § 15028. Appeals by States (a) Appeal If any State is dissatisfied with the Sec- retary’s action under section 15024(d)(3) or 15027 of this title, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court not later than 60 days after such action. (b) Filing The clerk of the court shall transmit promptly a copy of the petition to the Secretary, or any officer designated by the Secretary for that pur- pose. The Secretary shall file promptly with the