Page:United States Statutes at Large Volume 123.djvu/534

 123STA T .5 1 4PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(2)submitan a p p l i c ati o n , at suc h tim e , in such f o r m, an d containin g such information as the A ssistant S ecretar y may re q uire ( 3 ) pro v ide a detailed e x planation of ho w any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a showing that the pro j ect would not have been implemented during the grant period without F ederal grant assistance; ( 4 ) demonstrate, to the satisfaction of the Assistant Sec - retary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws; ( 5 ) demonstrate, to the satisfaction of the Assistant Sec- retary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obli- gate, from non-Federal sources, funds required to meet the requirements of subsection (f); ( 6 ) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and ( 7 ) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner . (f) T he Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if — ( 1 ) the applicant petitions the Assistant Secretary for a waiver; and (2) the Assistant Secretary determines that the petition demonstrates financial need. (g) The Assistant Secretary may ma k e competitive grants under the program to— (1) acquire equipment, instrumentation, networking capa- bility, hardware and software, digital network technology, and infrastructure for broadband services; (2) construct and deploy broadband service related infra- structure; (3) ensure access to broadband service by community anchor institutions; (4) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; (5) construct and deploy broadband facilities that improve public safety broadband communications services; and (6) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established. (h) The Assistant Secretary, in awarding grants under this section, shall, to the extent practical— (1) award not less than 1 grant in each State; (2) consider whether an application to deploy infrastructure in an area—