Page:United States Statutes at Large Volume 89.djvu/553

 PUBLIC LAW 94-103—OCT. 4, 1975

89 STAT. 493

believe that any act (or failure to act) has occurred rej^uiring action pursuant to section 136, payment may, after he has given the State Ante, p. 492. agency so designated notice of opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing, and (C) the total of payments under t h i s subsection with respect to such project may not exceed an amount equal to the Federal share of the cost of construction of such project. "(^2) I n case the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such revision is approved." WITHHOLDING OP PAYMENTS 42 USC 6068. SEC. 114. Section 138 of the Act is amended as follows: (1) The heading for such section is amended by inserting "CONSTRUCTION," after " P L A N N I N G, ".

(2) Such section is amended by striking out "State planning and advisory council" and inserting in lieu thereof " State P l a n n i n g Council", and by striking out "State council" and inserting in lieu thereof "State Council". (3) Such section is amended by inserting " (a) " after "138.", by State's plan, redesignating paragraph s (a) and (b) as paragraph s (1) and (2), review. respectively, and by a d d i n g a t the end the following new subsection: " (b) The State P l a n n i n g Council of a State shall review the State's plan (including the design for implementation of such p l a n) under section 134 and the actions of the State under such plan for the pur- ^"fe, p. 490 pose of determining if the State is complying with the requirements of the plan (and its design for implementation). For the purpose of assisting the Secretary in the implementation of this section, a State P l a n n i n g Council may notify the Secretary of the results of any review carried out under this subsection." NONDUPLICATION

SEC. 115. Section 140 of the Act is amended to read as follows;

42 USC 6066.

"NONDUPLICATION

" SEC. 140. I n determining the amount of any State's Federal share of the expenditures incurred by it under a State plan approved under section 134, there shall be disret^arded (1) any portion of such expenditures which are financed by Federal funds provided under any provision of law other than section 132, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds."

42 USC 6063. 42 USC 6062.

STATE PLANNING COUNCILS

SEC. 116. Part C of the Act is amended by inserting after section 140 the following new section: 'STATE PLANNING COUNCILS

"SEC. 141. (a) Each State which receives assistance under this Establishment. part shall establish a State Planning Council which will serve as 42 USC 6067. an advocate for persons with developmental disabilities. The members of a State's State Planning Council shall be appointed by the

�