Page:United States Statutes at Large Volume 92 Part 3.djvu/380

 92 STAT. 3012

Ante, p. 3005.

42 USC 6062.

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PUBLIC LAW 95-602—NOV. 6, 1978 to complement and augment rather than duplicate or replace services for persons with developmental disabilities which are eligible for Federal assistance under such other State programs; "(C) for each fiscal year, assess and describe the extent and scope of the priority services (as defined in section 102(8)(B)) being or to be provided under the plan in the fiscal year; and "(D) establish a method for the periodic evaluation of the plan's effectiveness in meeting the objectives described in subparagraph (A). "Use of Funds " (3) The plan must contain or be supported by assurances satisfactory to the Secretary that— " (A) the funds paid to the State under section 132 will be used to make a significant contribution toward strengthening services for persons with developmental disabilities through agencies in the various political subdivisions of the State; "(B) part of such funds will be made available by the State to public or nonprofit private entities; "(C) such funds paid to the State under section 132 will be used to supplement and to increase the level of funds that would otherwise be made available for the purposes for which Federal funds are provided and not to supplant such non-Federal funds; and "(D) there will be reasonable State financial participation in the cost of carrying out the State plan. "Provision of Priority Services

Ante, p. 2955.

42 USC 6061. '^

"(4)(A) The plan must— " (i) provide for the examination not less often than once every three years of the provision, and the need for the provision, in the State of the four different areas of priority services (as defined in section 102(8)(B)); and "(ii) provide for the development, not later than the second year in which funds are provided under the plan after the date of the enactment of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, and the timely review and revision of a comprehensive statewide plan to plan, financially support, coordinate, and otherwise better address, on a statewide and comprehensive basis, unmet needs in the State for the provision of at least one of the areas of priority services, such area or areas to be specified in the plan, and (at the option of the State) for the provision of an additional area of services for the developmentally disabled, such area also to be specified in the plan. "(B)(i) Except as provided in clause (iii), the plan must provide that not less than $100,000 or 65 percent of the amount available to the State under section 132, whichever is greater, will be expended, as provided in clause (ii), for service activities in the areas of services specified in the plan under subparagraph (A) (ii). "(ii) For any year in which the sums appropriated under section 131 do not exceed— " (I) $60,000,000, not less than $100,000 or 65 percent of the amount available to the State under section 132, whichever is

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