CITE
16 USC Sec. 470c 01/08/2008
EXPCITE
TITLE 16 - CONSERVATION
CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
Part A - Programs
HEAD
Sec. 470c. Apportionment of grant funds
STATUTE
(a) Basis for apportionment
The amounts appropriated and made available for grants to the
States for the purposes of this subchapter shall be apportioned
among the States by the Secretary on the basis of needs as
determined by him.
(b) Basis; notification to State; reapportionment
The amounts appropriated and made available for grants to the
States for projects and programs under this subchapter for each
fiscal year shall be apportioned among the States as the Secretary
determines to be appropriate.
The Secretary shall notify each State of its apportionment under
this subsection within thirty days following the date of enactment
of legislation appropriating funds under this subchapter. Any
amount of any apportionment that has not been paid or obligated by
the Secretary during the fiscal year in which such notification is
given, and for two fiscal years thereafter, shall be reapportioned
by the Secretary in accordance with this subsection. The Secretary
shall analyze and revise as necessary the method of apportionment.
Such method and any revision thereof shall be published by the
Secretary in the Federal Register.
(c) Transfer of funds to local governments
A minimum of 10 per centum of the annual apportionment
distributed by the Secretary to each State for the purposes of
carrying out this subchapter shall be transferred by the State,
pursuant to the requirements of this subchapter, to local
governments which are certified under section 470a(c) of this title
for historic preservation projects or programs of such local
governments. In any year in which the total annual apportionment to
the States exceeds $65,000,000, one half of the excess shall also
be transferred by the States to local governments certified
pursuant to section 470a(c) of this title.
(d) Guidelines for use and distribution of funds to local
governments
The Secretary shall establish guidelines for the use and
distribution of funds under subsection (c) of this section to
insure that no local government receives a disproportionate share
of the funds available, and may include a maximum or minimum
limitation on the amount of funds distributed to any single local
government. The guidelines shall not limit the ability of any State
to distribute more than 10 per centum of its annual apportionment
under subsection (c) of this section, nor shall the Secretary
require any State to exceed the 10 per centum minimum distribution
to local governments.
SOURCE
(Pub. L. 89-665, title I, Sec. 103, Oct. 15, 1966, 80 Stat. 916;
Pub. L. 94-422, title II, Sec. 201(2), Sept. 28, 1976, 90 Stat.
1319; Pub. L. 96-515, title II, Sec. 203, Dec. 12, 1980, 94 Stat.
2993; Pub. L. 102-575, title XL, Sec. 4010, Oct. 30, 1992, 106
Stat. 4759; Pub. L. 106-208, Sec. 5(a)(6), May 26, 2000, 114 Stat.
318.)
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-208 substituted "purposes of this
subchapter" for "purposes this subchapter" and "determined by him."
for "determined by him:.".
1992 - Subsec. (a). Pub. L. 102-575, Sec. 4010(1), substituted
"for the purposes this subchapter" for "for comprehensive statewide
historic surveys and plans under this subchapter".
Subsec. (b). Pub. L. 102-575, Sec. 4010(2), (3), substituted "as
the Secretary determines to be appropriate" for "by the Secretary
in accordance with needs as disclosed in approved statewide
historic preservation plans" and inserted at end "The Secretary
shall analyze and revise as necessary the method of apportionment.
Such method and any revision thereof shall be published by the
Secretary in the Federal Register."
1980 - Subsec. (b). Pub. L. 96-515, Sec. 203(a), inserted "and
programs" after "projects" and substituted provision directing the
Secretary to notify each State of its apportionment under this
subsection within thirty days following enactment of legislation
appropriating funds for provision directing the Secretary to notify
each State of its apportionment, with the amounts available
thereafter for payment to such State.
Subsecs. (c), (d). Pub. L. 96-515, Sec. 203(b), added subsecs.
(c) and (d).
1976 - Subsec. (a). Pub. L. 94-422, which directed amendment of
subsec. (a) by deleting "Provided, however, That the amount granted
to any one State shall not exceed 50 per centum of the total cost
of the comprehensive statewide historic survey and plan for that
State, as determined by the Secretary," after "determined by him:",
was executed by deleting the quoted language, which did not contain
a comma after "Secretary", to reflect the probable intent of
Congress.