42 U.S.C. § 300d–12 — Requirement of matching funds for fiscal years subsequent to first fiscal year of payments
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- (a)Non-Federal contributions
- (1)In generalThe Secretary may not make payments under section 300d–11(a) of this title unless the State involved agrees, with respect to the costs described in paragraph (2), to make available non-Federal contributions (in cash or in kind under subsection (b)(1)) toward such costs in an amount that—
- (A)for the second and third fiscal years of such payments to the State, is not less than $1 for each $1 of Federal funds provided in such payments for such fiscal years; and
- (B)for the fourth and subsequent fiscal years of such payments to the State, is not less than $2 for each $1 of Federal funds provided in such payments for such fiscal years.
- (2)Program costsThe costs referred to in paragraph (1) are—
- (3)Initial year of paymentsThe Secretary may not require a State to make non-Federal contributions as a condition of receiving payments under section 300d–11(a) of this title for the first fiscal year of such payments to the State.
- (1)In generalThe Secretary may not make payments under section 300d–11(a) of this title unless the State involved agrees, with respect to the costs described in paragraph (2), to make available non-Federal contributions (in cash or in kind under subsection (b)(1)) toward such costs in an amount that—
- (b)Determination of amount of non-Federal contributionWith respect to compliance with subsection (a) as a condition of receiving payments under section 300d–11(a) of this title—
- (1)a State may make the non-Federal contributions required in such subsection in cash or in kind, fairly evaluated, including plant, equipment, or services; and
- (2)the Secretary may not, in making a determination of the amount of non-Federal contributions, include amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government.