110 STAT. 3009 -299 PUBLIC LAW 104-208—SEPT. 30, 1996
"(b) CONSTRUCTION. —Nothing in this section shall be construed
to limit spending for evaluation costs under section 224(c) from
sources other than this subtitle.
20 USC 9133.
"SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF
EFFORT REQUIREMENTS.
"(a) PAYMENTS. —Subject to appropriations provided pursuant
to section 214, the Director shall pay to each State library administrative agency having a State plan approved under section 224
the Federal share of the cost of the activities described in the
State plan.
"(b) FEDERAL SHARE.—
"(1) IN GENERAL.— The Federal share shall be 66 percent.
"(2) NON-FEDERAL SHARE. — The non-Federal share of pay-
ments shall be provided from non-Federal, State, or local
sources.
"(c) MAINTENANCE OF EFFORT.—
"(1) STATE EXPENDITURES.—
"(A) REQUIREMENT. —
"(i) IN GENERAL.— The amount otherwise payable
to a State for a fiscal year pursuant to an allotment
under this chapter shall be reduced if the level of
State expenditures, as described in paragraph (2), for
the previous fiscal year is less than the average of
the total of such expenditures for the 3 fiscal years
preceding that previous fiscal year. The amount of
the reduction in allotment for any fiscal year shall
be equal to the amount by which the level of such
State expenditures for the fiscal year for which the
determination is made is less than the average of
the total of such expenditures for the 3 fiscal years
preceding the fiscal year for which the determination
is made.
"(ii) CALCULATION. —Any decrease in State
expenditures resulting from the application of subparagraph (B) shall be excluded from the calculation of
the average level of State expenditures for any 3-year
period described in clause (i).
"(B) DECREASE IN FEDERAL SUPPORT. —I f the amount
made available under this subtitle for a fiscal year is less
than the amount made available under this subtitle for
the preceding fiscal year, then the expenditures required
by subparagraph (A) for such preceding fiscal year shall
be decreased by the same percentage as the percentage
decrease in the amount so made available.
" (2) LEVEL OF STATE EXPENDITURES.— The level of State
expenditures for the purposes of paragraph (1) shall include
all State dollars expended by the State library administrative
agency for library programs that are consistent with the purposes of this subtitle. All funds included in the maintenance
of effort calculation under this subsection shall be expended
during the fiscal year for which the determination is made,
and shall not include capital expenditures, special one-time
project costs, or similar windfalls.
"(3) WAIVER. —The Director may waive the requirements
of paragraph (1) if the Director determines that such a waiver
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