Page:United States Statutes at Large Volume 92 Part 3.djvu/359

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-602—NOV. 6, 1978

92 STAT. 2991

"(c)(1) The Secretary may pay not to exceed 90 percent of the cost of any project which is the subject of an agreement entered into under subsection (b). Notwithstanding the preceding sentence, the Secretary may pay all of the costs of any such project which is (A)

in emergency or disaster project, or (B) a project located in an

economically depressed area, as determined by the Secretary in consultation with the Secretary of Commerce and the Director of the Community Services Administration. "(2) The non-Federal share of any project under this part may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to services and facilities contributed from non-Federal sources. "(d) Payments under this part may be made in advance or by way of reimbursement, and in such installments as the Secretary may determine.

Project costs, consultation.

Non-Federal share.

a ADMINISTRATIOlSr

"SEC. 612. (a) In order to effectively carry out the provisions of this part, the Secretary shall, through the Commissioner of the Rehalibitation Services Administration, consult with any designated State unit with regard to— "(1) the localities in which community service projects of the type authorized by this part are most needed; " (2) the employment situations and types of skills possessed by eligible individuals in such localities; and "(3) potential projects suitable for funding in such localities. "(b) The Secretary shall coordinate the pilot program established under this part with programs authorized under the Emergency Jobs and Unemployment Assistance Act of 1974, the Comprehensive Employment and Training Act of 1973, the Community Services Act of 1974, and the Emergency Employment Act of 1971. Appropriations under this part may not be used to carry out any program under the Acts referred to in the preceding sentence. "(c) In carrying out this part, the Secretary may, with the consent of any other Federal, State, or local agency, use the services, equipment, personnel, and facilities of such agency with or without providing such agency with reimbursement and may use the services, equipment, and facilities of any other public or private entity on a similar basis. "(d) Within one hundred and eighty days after the effective date of this part, the Secretary shall issue and publish in the Federal Register such regulations as may be necessary to carry out this part. "(e) The Secretary shall not delegate any function of the Secretary under this part to any other department or agency of the Federal Government.

Consultation with State unit. 29 USC 795a.

29 USC 801 note. 29 USC 801 note. 42 USC 2701 note. 42 USC 4871 note.

Regulations, publication in Federal Register.

"PARTICIPANTS NOT FEDERAL EMPLOYEES

"SEC. 613. (a) Eligible individuals who are employed in any project funded under this part shall not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part III of title 5, United States Code. " (b) No contract shall be entered into under this part with a contractor who is, or whose employees are, under State law, exempted from operation of any State workmen's compensation law generally applicable to employees, unless the contractor shall undertake to provide for persons to be employed under such contract, through insur-

29 USC 795b.

5 USC 2101. contracts.