Page:United States Statutes at Large Volume 112 Part 2.djvu/68

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112 STAT. 952 PUBLIC LAW 105-220—AUG. 7, 1998 (v) The resources of such local areas that are available to effectively administer the activities carried out under this subtitle. (2) AUTOMATIC DESIGNATION.— The Governor shall approve any request for designation as a local area— (A) from any unit of general local government with a population of 500,000 or more; (B) of the area served by a rural concentrated employ- ment program grant recipient of demonstrated effectiveness that served as a service delivery area or substate area under the Job Training Partnership Act, if the grant recipient has submitted the request; and (C) of an area that served as a service delivery area under section 101(a)(4)(A)(ii) of the Job Training Partnership Act (as in effect on the day before the date of enactment of this Act) in a State that has a population of not more than 1,100,000 and a population density greater than 900 persons per square mile. (3) TEMPORARY AND SUBSEQUENT DESIGNATION.— (A) CRITERIA. —Notwithstanding paragraph (2)(A), the Governor shall approve any request, made not later than the date of submission of the initial State plan under this subtitle, for temporary designation as a local area from any unit of general local government (including a combination of such units) with a population of 200,000 or more that was a service delivery area under the Job Training Partnership Act on the day before the date of enactment of this Act if the Governor determines that the area— (i) performed successfully, in each of the last 2 years prior to the request for which data are available, in the delivery of services to participants under part A of title II and title III of the Job Training Partnership Act (as in effect on such day); and (ii) has sustained the fiscal integrity of the funds used by the area to carry out activities under such part and title. (B) DURATION AND SUBSEQUENT DESIGNATION.— A temporary designation under this paragraph shall be for a period of not more than 2 years, after which the designation shall be extended until the end of the period covered by the State plan if the Governor determines that, during the temporary designation period, the area substantially met (as defined by the State board) the local performance measures for the local area and sustained the fiscal integrity of the funds used by the area to carry out activities under this subtitle. (C) TECHNICAL ASSISTANCE. — The Secretary shall provide the States with technical assistance in making the determinations required by this paragraph. The Secretary shall not issue regulations governing determinations to be made under this paragraph. (D) PERFORMED SUCCESSFULLY.— In this paragraph, the term "performed successfully" means that the area involved met or exceeded the performance standards for activities administered in the area that—