Page:United States Statutes at Large Volume 110 Part 1.djvu/1166

 110 STAT. 1142 PUBLIC LAW 104-127—APR. 4, 1996 State, and has not been obligated by the State director or obligated for specific approved projects in the State. "(2) USE. — The Secretary may use amounts in the national reserve account of the Trust Fund, pursuant to any authority described in subsection (d)— "(A) in the case of a fiscal year other than fiscal year 2001 or 2002— "(i) to meet situations of exceptional need; "(ii) to meet emergency situations; or "(iii) to provide funds to entities whose applications for funds provided under this subtitle have been approved and who have not received funds sufficient to meet the needs of the projects described in the applications; or "(B) in the case of fiscal years 2001 and 2002— "(i) to meet situations of exceptional need; or "(ii) to meet emergency situations. " (3) APPLICABLE PERCENTAGE DEFINED.—In paragraph (1), the term 'applicable percentage' means, with respect to a fiscal year— "(A) 15 percent for fiscal year 1997; "(B) 12.5 percent for fiscal year 1998; "(C) 10 percent for fiscal year 1999; "(D) 7.5 percent for fiscal year 2000; "(E) 5 percent for fiscal year 2001; and "(F) 5 percent for fiscal year 2002. "(f) FEDERALLY RECOGNIZED INDIAN TRIBE ACCOUNT.— "(1) TRANSFERS INTO ACCOUNT. —Each fiscal year, the Secretary shall transfer to the federally recognized Indian tribe account of the Trust Fund 3 percent of the amount deposited into the Trust Fund for the fiscal year under subsection (d). "(2) USE OF FUNDS. — The Secretary shall make available to federally recognized Indian tribes the amounts in the federally recognized Indian tribe account for use pursuant to any authority described in subsection (d). "(g) ALLOCATION AMONG STATES.— The Secretary shall allocate the amounts in each account specified in subsection (c) among the States in a fair, reasonable, and appropriate manner that takes into consideration rural population, levels of income, unemployment, and other relevant factors, as determined by the Secretary. "(h) AVAILABILITY OF FUNDS ALLOCATED FOR STATES.— The Secretary shall make available to each State the total amount allocated for the State under subsection (g) of this section that remains after applying section 38IG. 7 USC 2009e. "SEC. 381F. TRANSFERS OF FUNDS. "(a) GENERAL AUTHORITY. —Subject to subsection (b) of this section, the State Director of any State may, during any fiscal year, transfer from each account specified in section 381E(c) a total of not more than 25 percent of the amount in the account that is allocated for the State for the fiscal year to any other account in which amounts are allocated for the State for the fiscal year. "(b) LIMITATION.— Except as provided in subsection (c) of this section, a transfer otherwise authorized by subsection (a) of this section to be made during a fiscal year may not be made to the extent that the sum of the amount to be transferred and all amounts

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