Page:United States Statutes at Large Volume 97.djvu/1198

 97 STAT. 1166 PUBLIC LAW 98-181—NOV. 30, 1983 42 USC 5306. Certification. Pajmients. Ante, p. 1162. 42 USC 5311. 42 USC 2000a note. 82 Stat. 73. 42 USC 5304. "(iii) will not refuse to distribute such amounts to any unit of general local government on the basis of the particular eligible activity selected by such unit of general local government to meet its community development needs, except that this clause may not be considered to prevent a State from establishing priorities in distributing such amounts on the basis of the activities selected; and". (f) Section 106(d)(2) of such Act is amended by adding at the end thereof the following new subparagraph: "(D) To receive and distribute amounts allocated under paragraph (1), the Governor of each State shall certify that each unit of general local government to be distributed funds will be required to identify its community development and housing needs, including the needs of low and moderate income persons, and the activities to be under- taken to meet such needs.". (g) The second and third sentences of section 106(d)(3)(A) of such Act are amended to read as follows: "The State shall pay from its own resources all administrative expenses incurred by the State in carrying out its responsibilities under this title, except that from the amounts received for distribution in nonentitlement areeis, the State may deduct an amount to cover such expenses not to exceed the sum of $102,000 plus 50 percent of any such expenses in excess of $100,000. Amounts deducted in excess of $100,000 shall not exceed 2 percent of the amount so received.". (h) Section 106(d)(3) of such Act is amended by striking out subparagraph (C) and inserting in lieu thereof the following: "(C) Any amounts allocated for usc in a State under paragraph (1) that are not received by the State for any fiscal year because of failure to meet the requirements of subsection (a) or (b) of section 104, or that become available as a result of actions against the State under section 104(d) or 111, shall be added to amounts allocated to all States under paragraph (1) for the succeeding fiscal year. "(D) Any amounts allocated for usc in a State under paragraph (1) that become available as a result of actions under section 104(d) or 111 against units of general local government in nonentitlement areas of the State or as a result of the closeout of a grant made by the Secretary under this section in nonentitlement areas of the State shall be added to amounts allocated to the State under para- graph (1) for the fiscal year in which the amounts become so available.". (i) Section 106(d) of such Act is amended by adding at the end thereof the following new paragraphs: "(5) No amount may be distributed by any State or the Secretary under this subsection to any unit of general local government located in a nonentitlement area unless such unit of general local government certifies that— "(A) it will minimize displacement of persons as a result of activities assisted with such amounts; "(B) its program will be conducted and administered in con- formity with Public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing; "(C) it will provide for opportunities for citizen participation, hearings, and access to information with respect to its commu- nity development program that are comparable to those required of grantees under section 104(a)(2); and (D) it will not attempt to recover any capital costs of public improvements assisted in whole or part under section 106 or

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