Page:United States Statutes at Large Volume 112 Part 2.djvu/347

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1231 to achieve compliance within 90 days of such notification and ' such plan is approved by the Commissioner, "SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES 29 USC 796f-2. IN WmCH STATE FUNDING EQUALS OR EXCEEDS FED- ERAL FUNDING. "(a) ESTABLISHMENT.— " (1) IN GENERAL. — "(A) INITIAL YEAR. — "(i) DETERMINATION. — The director of a designated State unit, as provided in paragraph (2), or the Commissioner, as provided in paragraph (3), shall awgird grants under this section for an initial fiscal year if the Commissioner determines that the amount of State funds that were earmarked by a State for a preceding fiscal year to support the general operation of centers for independent living meeting the requirements of this part equaled or exceeded the amount of funds allotted to the State under subsection (c) or (d) of section 721 for such year. "(ii) GRANTS. — The director or the Commissioner, as appropriate, shall award such grants, from the amount of funds so allotted for the initial fiscal year, to eligible agencies in the State for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. "(iii) REGULATION. —The Commissioner shall by regulation specify the preceding fiscal year with respect to which the Commissioner will make the determinations described in clause (i) and subparagraph (B), making such adjustments as may be necessary to accommodate State funding cycles such as 2-year funding cycles or State fiscal years that do not coincide with the Federal fiscal year. "(B) SUBSEQUENT YEARS. —For each year subsequent to the initial fiscal year described in subparagraph (A), the director of the designated State unit shall continue to have the authority to award such grants under this section if the Commissioner determines that the State continues to earmark the amount of State funds described in subparagraph (A)(i). If the State does not continue to earmark such an amount for a fiscal year, the State shall be ineligible to make grants under this section after a final year following such fiscal year, as defined in accordance with regulations established by the Commissioner, and for each subsequent fiscal year. "(2) GRANTS BY DESIGNATED STATE UNITS. —In order for the designated State unit to be eligible to award the grants described in paragraph (1) and carry out this section for a fiscal year with respect to a State, the designated State agency shall submit an application to the Commissioner at such time, and in such manner as the Commissioner may require, including information about the amount of State funds described in paragraph (1) for the preceding fiscal year. If the Commissioner makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Commissioner

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