§ 470c. Apportionment of grant funds

(a) Basis for apportionment

The amounts appropriated and made available for grants to the States for the purposes of this subchapter shall be apportioned among the States by the Secretary on the basis of needs as determined by him.

(b) Basis; notification to State; reapportionment

The amounts appropriated and made available for grants to the States for projects and programs under this subchapter for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate.

The Secretary shall notify each State of its apportionment under this subsection within thirty days following the date of enactment of legislation appropriating funds under this subchapter. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection. The Secretary shall analyze and revise as necessary the method of apportionment. Such method and any revision thereof shall be published by the Secretary in the Federal Register.

(c) Transfer of funds to local governments

A minimum of 10 per centum of the annual apportionment distributed by the Secretary to each State for the purposes of carrying out this subchapter shall be transferred by the State, pursuant to the requirements of this subchapter, to local governments which are certified under section 470a(c) of this title for historic preservation projects or programs of such local governments. In any year in which the total annual apportionment to the States exceeds $65,000,000, one half of the excess shall also be transferred by the States to local governments certified pursuant to section 470a(c) of this title.

(d) Guidelines for use and distribution of funds to local governments

The Secretary shall establish guidelines for the use and distribution of funds under subsection (c) of this section to insure that no local government receives a disproportionate share of the funds available, and may include a maximum or minimum limitation on the amount of funds distributed to any single local government. The guidelines shall not limit the ability of any State to distribute more than 10 per centum of its annual apportionment under subsection (c) of this section, nor shall the Secretary require any State to exceed the 10 per centum minimum distribution to local governments.

(Pub. L. 89–665, title I, § 103, Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(2), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96–515, title II, § 203, Dec. 12, 1980, 94 Stat. 2993; Pub. L. 102–575, title XL, § 4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208, § 5(a)(6), May 26, 2000, 114 Stat. 318.)

Amendments

Amendments

2000—Subsec. (a). Pub. L. 106–208 substituted “purposes of this subchapter” for “purposes this subchapter” and “determined by him.” for “determined by him:.”.

1992—Subsec. (a). Pub. L. 102–575, § 4010(1), substituted “for the purposes this subchapter” for “for comprehensive statewide historic surveys and plans under this subchapter”.

Subsec. (b). Pub. L. 102–575, § 4010(2), (3), substituted “as the Secretary determines to be appropriate” for “by the Secretary in accordance with needs as disclosed in approved statewide historic preservation plans” and inserted at end “The Secretary shall analyze and revise as necessary the method of apportionment. Such method and any revision thereof shall be published by the Secretary in the Federal Register.”

1980—Subsec. (b). Pub. L. 96–515, § 203(a), inserted “and programs” after “projects” and substituted provision directing the Secretary to notify each State of its apportionment under this subsection within thirty days following enactment of legislation appropriating funds for provision directing the Secretary to notify each State of its apportionment, with the amounts available thereafter for payment to such State.

Subsecs. (c), (d). Pub. L. 96–515, § 203(b), added subsecs. (c) and (d).

1976—Subsec. (a). Pub. L. 94–422, which directed amendment of subsec. (a) by deleting “Provided, however, That the amount granted to any one State shall not exceed 50 per centum of the total cost of the comprehensive statewide historic survey and plan for that State, as determined by the Secretary,” after “determined by him:”, was executed by deleting the quoted language, which did not contain a comma after “Secretary”, to reflect the probable intent of Congress.