Page:United States Statutes at Large Volume 114 Part 3.djvu/611

 PUBLIC LAW 106-402—OCT. 30, 2000 114 STAT. 1709 concerning the reason the Council desires a change to be made and make a recommendation to the Governor (or the legislature, as the case may be) regarding a preferred designated State agency. (D) APPEAL OF DESIGNATION.— After the review is completed under subparagraph (C), a majority of the non- State agency members of the Council may appeal to the Secretary for a review of and change in the designation of the designated State agency if the ability of the Council to serve as an independent advocate is not assured because of the actions or inactions of the designated State agency. (3) RESPONSIBILITIES.— (A) IN GENERAL.— The designated State agency shall, on behalf of the State, have the responsibilities described in subparagraphs (B) through (G). (B) SUPPORT SERVICES.—The designated State agency shall provide required assurances and support services as requested by and negotiated with the Council. (C) FISCAL RESPONSIBILITIES. — The designated State agency shall— (i) receive, account for, and disburse funds under this subtitle based on the State plan required in section 124; and (ii) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of, and accounting for, funds paid to the State under this subtitle. (D) RECORDS, ACCESS, AND FINANCIAL REPORTS.— The designated State agency shall keep and provide access to such records as the Secretary and the Council may determine to be necessary. The designated State agency, if other than the Council, shall provide timely financial reports at the request of the Council regarding the status of expenditures, obligations, and liquidation by the agency or the Council, and the use of the Federal and non-Federal shares described in section 126, by the agency or the Council. (E) NON-FEDERAL SHARE. —The designated State agency, if other than the Council, shall provide the required non-Federal share described in section 126(c). (F) ASSURANCES.—The designated State agency shall assist the Council in obtaining the appropriate State plan assurances and in ensuring that the plan is consistent with State law. (G) MEMORANDUM OF UNDERSTANDING. — On the request of the Council, the designated State agency shall enter into a memorandum of understanding with the Council delineating the roles and responsibilities of the designated State agency. (4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPON- SIBILITIES.— (A) CONDITION FOR FEDERAL FUNDING.— (i) IN GENERAL. — The Secretary shall provide amounts to a State under section 124(c)(5)(B)(vi) for a fiscal year only if the State expends an amount from State sources for carrying out the responsibilities of the designated State agency under paragraph (3)

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