Page:United States Statutes at Large Volume 90 Part 2.djvu/1359

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-580—OCT. 21, 1976

90 STAT. 2827

The Administrator, in cooperation with the States, shall develop and publish minimum guidelines for public participation in such processes. "SEPARABILITY

"SEC. 7005. If any provision of this Act, or the application of any 42 USC 6975. provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. ((JUDICIAL

REVIEW

"SEC. 7006. Any judicial review of final regulations promulgated 42 USC 6976. >ursuant to this Act shall be in accordance with sections 701 through 06 of title 5 of the United States Code, except that— "(1) a petition for review of action of the Administrator in promulgating any regulation, or requirement under this Act may be filed only in the United States Court of Appeals for the District of Columbia. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement; and "(2) in any judicial proceeding brought under this section in which review is sought of a determination under this Act required to be made on the record after notice and opportunity for hearing, if a party seeking review under this Act applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new findings and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.

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GRANTS OR CONTRACTS FOR TRAINING PROJECTS

7007. (a) GENERAL AUTHORITY.—The Administrator is 42 USC 6977. authorized to make grants to, and contracts with any eligible organization. For purposes of this section the term "eligiole organization" "Eligible means a State or interstate agency, a municipality, educational institu- organization." tion, and any other organization which is capable of effectively carrying out a project which may be funded by grant under subsection (b) of this section. "(b) PURPOSES.—(1) Subject to the provisions of paragraph (2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the Administrator, of any project operated or to be operated by an eligible organization, which is designed— "(A) to develop, expand, or carry out a program (which may "SEC.