116 STAT. 1092 PUBLIC LAW 107-217—AUG. 21, 2002 of operation, in accordsince with this subsection and with state law. (2) PROCEDURE.— (A) CONSIDERATION OF NEEDS AND RESOURCES.—In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be teiken into consideration. The Administrator may consult with interested federal agencies to obtain their views concerning the administration and operation of this section. (B) PUBLICATION AND PERIOD FOR COMMENT.— The state plan of operation, and any major Eimendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and interested persons have been given at least 30 days to submit comments. (C) CERTIFICATION.—The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator. (3) REQUIREMENTS.— (A) STATE AGENCY.—The state plan of operation shall include adequate assurance that the state agency has— (i) the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and (ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups. (B) EQUITABLE DISTRIBUTION.—The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and resources of interested public agencies and other eligible institutions in the State and their abilities to use the property. (C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.— The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting systems of the same type as systems required by state law for stateowned property. However, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, accountability, and disposal of property under this section. (D) RETURN AND REDISTRIBUTION FOR NON-USE. —TT ie state plan of operation shall require the state agency to provide for the return and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for that purpose within one year of being placed in use. (E) REQUEST BY RECIPIENT.— The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other
�
