Page:United States Statutes at Large Volume 110 Part 4.djvu/462

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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