Page:United States Statutes at Large Volume 114 Part 3.djvu/613

 PUBLIC LAW 106-402—OCT. 30, 2000 114 STAT. 1711 provide support services to the Council pursuant to section 125(d)(4), may be counted as part of such State's non- Federal share of the cost of projects supported under this subtitle. (3) VARIATIONS OF THE NON-FEDERAL SHARE. — The non- Federal share required of each recipient of a grant from a Council under this subtitle may vary. SEC. 127.WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRA- TION, AND SERVICES. Whenever the Secretary, after providing reasonable 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 comply substantially with any of the provisions required by section 124 to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 124(c), or with any of the provisions required by section 125(b)(3); or (2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this subtitle, the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 122 (or, in the discretion of the Secretary, that further payments to the State under section 122 for activities for which there is such failure), until the Secretary is satisfied 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 122, or shall limit further payments under section 122 to such State to activities for which there is no such failure. SEC. 128. APPEALS BY STATES. (a) APPEAL. —I f any State is dissatisfied with the Secretary's action under section 124(d)(3) or 127, 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 purpose. The Secretary shall file promptly with the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. (c) JURISDICTION. — Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) FINDINGS AND REMAND.— The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. 42 USC 15027. 42 USC 15028.

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