
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470c]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                            Part A--Programs
 
Sec. 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, Sec. 103, Oct. 15, 1966, 80 Stat. 916; Pub. L. 
94-422, title II, Sec. 201(2), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 
96-515, title II, Sec. 203, Dec. 12, 1980, 94 Stat. 2993; Pub. L. 102-
575, title XL, Sec. 4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106-
208, Sec. 5(a)(6), May 26, 2000, 114 Stat. 318.)


                               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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 470a of this title.
