Page:United States Statutes at Large Volume 114 Part 3.djvu/601

 PUBLIC LAW 106-402—OCT. 30, 2000 114 STAT. 1699 (A) IN GENERAL.— The plan shall contain or be supported by assurances and information described in subparagraphs (B) through (N) that are satisfactory to the Secretary. (B) USE OF FUNDS. — With respect to the funds paid to the State under section 122, the plan shall provide assurances that— (i) not less than 70 percent of such funds will be expended for activities related to the goals described in paragraph (4); (ii) such funds will contribute to the achievement of the purpose of this subtitle in various political subdivisions of the State; (iii) such funds will be used to supplement, and not supplant, the non-Federal funds that would otherwise be made available for the purposes for which the funds paid under section 122 are provided; (iv) such funds will be used to complement and augment rather than duplicate or replace services for individuals with developmental disabilities and their families who are eligible for Federal assistgince under other State programs; (v) part of such funds will be made available by the State to public or private entities; (vi) at the request of any State, a portion of such funds provided to such State under this subtitle for any fiscal year shall be available to pay up to V^ (or the entire amount if the Council is the designated State agency) of the expenditures found to be necessary by the Secretary for the proper and efficient exercise of the functions of the designated State agency, except that not more than 5 percent of such funds provided to such State for any fiscal year, or $50,000, whichever is less, shall be made available for total expenditures for such purpose by the designated State agency; and (vii) not more than 20 percent of such funds will be allocated to the designated State agency for service demonstrations by such agency that— (I) contribute to the achievement of the purpose of this subtitle; and (II) are explicitly authorized by the Council. (C) STATE FINANCIAL PARTICIPATION. — The plan shall provide assurances that there will be reasonable State financial participation in the cost of carrying out the plan. (D) CONFLICT OF INTEREST.— The plan shall provide an assurance that no member of such Council will cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest. (E) URBAN AND RURAL POVERTY AREAS.— The plan shall provide assurances that special financial and technical assistance will be given to organizations that provide community services, individualized supports, and other forms of assistance to individuals with developmental disabilities who live in areas designated as urban or rural poverty areas.

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