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31 U.S.C. § 6718 (MONEY AND FINANCE)
§ 6718. Investigations and reviews
(a) Investigations by Secretary.—
(1) In general.—
The Secretary shall within a reasonable time limit—
(A) carry out an investigation and make a finding after receiving a complaint referred to in section 6716(b), a determination by a State or local administrative agency, or other information about a possible violation of this chapter;
(B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and
(C) advise a complainant of the status of an audit, investigation, or review of an allegation by the complainant of a violation of section 6711(a) or (b) or other provision of this chapter.
(2) Time limit.—
The maximum time limit under paragraph (1)(A) is 120 days.
(b) Reviews by Comptroller General.—
The Comptroller General of the United States may carry out reviews of the activities of the Secretary, State governments, and units of general local government necessary for the Congress to evaluate compliance and operations under this chapter. These reviews may include a comparison of the waste and inefficiency of local governments using funds under this chapter compared to waste and inefficiency with other comparable Federal programs.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1879; amended Pub. L. 104–316, title I, § 115(k), Oct. 19, 1996, 110 Stat. 3835.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6718, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1026; Pub. L. 98–185, § 9(i), Nov. 30, 1983, 97 Stat. 1312, related to suspension and termination of payments in discrimination proceedings, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–316 substituted “may” for “shall” before “carry” and “include”.
31 U.S.C. § 6719 (MONEY AND FINANCE)
§ 6719. Reports
(a) Reports by Secretary to Congress.—
Before June 2 of each year prior to 2002, the Secretary personally shall report to the Congress on—
(1) the status and operation of the Local Government Fiscal Assistance Fund during the prior fiscal year; and
(2) the administration of this chapter, including a complete and detailed analysis of—
(A) actions taken to comply with sections 6711 through 6715, including a description of the kind and extent of noncompliance and the status of pending complaints;
(B) the extent to which units of general local government receiving payments under this chapter have complied with the requirements of this chapter;
(C) the way in which payments under this chapter have been distributed in the jurisdictions receiving payments; and
(D) significant problems in carrying out this chapter and recommendations for legislation to remedy the problems.
(b) Reports by Units of General Local Government to Secretary.—
(1) In general.—
At the end of each fiscal year, each unit of general local government which received a payment under this chapter for the fiscal year shall submit a report to the Secretary. The report shall be submitted in the form and at a time prescribed by the Secretary and shall be available to the public for inspection. The report shall state—
(A) the amounts and purposes for which the payment has been appropriated, expended, or obligated in the fiscal year;
(B) the relationship of the payment to the relevant functional items in the budget of the government; and
(C) the differences between the actual and proposed use of the payment.
(2) Availability of report.—
The Secretary shall provide a copy of a report submitted under paragraph (1) by a unit of general local government to the chief executive officer of the State in which the government is located. The Secretary shall provide the report in the manner and form prescribed by the Secretary.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1879.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6719, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1027, related to compliance agreements, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6905 (MONEY AND FINANCE)
§ 6905. Redwood National Park and the Lake Tahoe Basin
(a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which an interest in land owned by the United States Government in the Redwood National Park is located. A unit may use the payment for any governmental purpose. The payment shall be made as provided in section 6903 of this title and shall include an amount payable under section 6903.
(b)
(1) In addition to payments the Secretary makes under subsection (a) of this section, the Secretary shall make a payment for each fiscal year to each unit of general local government in which is located an interest in land—
(A) owned by the Government in the Redwood National Park; or
(B) acquired in the Lake Tahoe Basin under the Act of December 23, 1980 (Public Law 96–586, 94 Stat. 3383).
(2) The payment shall be made as provided in section 6904 of this title and shall include an amount payable under section 6904. However, an amount computed but not paid because of the first sentence of subsection (b) and the 2d sentence of subsection (c) of section 6904 shall be carried forward and applied to future years in which the payment would not otherwise equal the amount of real property taxes assessed and levied on the land during the last fiscal year before the fiscal year in which the interest was acquired until the amount is applied completely.
(3) The unit of general local government may use the payment for any governmental purpose.
(4) The Redwoods Community College District is a school district under section 6904(b) of this title.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1034.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
6905(a)
16:79o(a), (b).
Mar. 27, 1978, Pub. L. 95–250, § 106, 92 Stat. 171.
6905(b)(1)– (3)
(uncodified).
Dec. 23, 1980, Pub. L. 96–586, § 2(i), 94 Stat. 3383.
16:79o(c).
6905(b)(4)
16:79o(d).
In subsection (a), the words “Notwithstanding any contrary provision of sections 1601 to 1607 of title 31” are omitted as unnecessary because of the restatement. The word “general” is added for consistency in the revised title and with other titles of the United States Code. The words “an interest in” are added for consistency because of the source provisions restated in the revised section. The word “Government” is added for consistency in the revised title and with other titles of the Code. The text of 16:79o(a)(last sentence) is omitted as unnecessary.
In subsection (b)(1)–(3), the source provisions are combined for clarity and because of the restatement.
In subsection (b)(2), the words “portion of the total”, “full”, and “land or” are omitted as surplus. The words “for addition to Redwood National Park” are omitted as unnecessary because of the restatement.
In subsection (b)(4), the word “affected” is omitted as surplus.
heading: Editorial Notes
heading: References in Text
text: The provisions of Act of December 23, 1980 (Public Law 96–586, 94 Stat. 3383) which relate to the acquisition of the Lake Tahoe Basin, referred to in subsec. (b)(1)(B), are not classified to the Code.
31 U.S.C. § 6906 (MONEY AND FINANCE)
§ 6906. Funding
For fiscal year 2019—
(1) each county or other eligible unit of local government shall be entitled to payment under this chapter; and
(2) sums shall be made available to the Secretary of the Interior for obligation or expenditure in accordance with this chapter.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1035; Pub. L. 110–343, div. C, title VI, § 601(c)(1), Oct. 3, 2008, 122 Stat. 3911; Pub. L. 112–141, div. F, title I, § 100111, July 6, 2012, 126 Stat. 906; Pub. L. 113–79, title XII, § 12312, Feb. 7, 2014, 128 Stat. 992; Pub. L. 115–141, div. G, title I, § 118, Mar. 23, 2018, 132 Stat. 661; Pub. L. 116–6, div. E, title I, § 116, Feb. 15, 2019, 133 Stat. 232.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
6906
31:1607.
Oct. 20, 1976, Pub. L. 94–565, § 7, 90 Stat. 2665.
The words “to the Secretary of the Interior” are added for clarity. The words “Provided, That, notwithstanding any other provision of this chapter” and “in advance” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2019—Pub. L. 116–6 substituted “fiscal year 2019” for “fiscal year 2018” in introductory provisions.
2018—Pub. L. 115–141 substituted “fiscal year 2018” for “each of fiscal years 2008 through 2014” in introductory provisions.
2014—Pub. L. 113–79 substituted “2014” for “2013” in introductory provisions.
2012—Pub. L. 112–141 substituted “2013” for “2012” in introductory provisions.
2008—Pub. L. 110–343 amended section generally. Prior to amendment, section read as follows: “Necessary amounts may be appropriated to the Secretary of the Interior to carry out this chapter. Amounts are available only as provided in appropriation laws.”
heading: Statutory Notes and Related Subsidiaries
heading: Application of Section
text: Pub. L. 116–94, div. D, title I, § 115, Dec. 20, 2019, 133 Stat. 2714, provided that: “Section 6906 of title 31, United States Code, shall be applied by substituting ‘fiscal year 2020’ for ‘fiscal year 2019’.”
31 U.S.C. § 6907 (MONEY AND FINANCE)
§ 6907. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government
(a) Notwithstanding any other provision of this chapter, a State may enact legislation which requires that any payments which would be made to units of general local government pursuant to this chapter be reallocated and redistributed in whole or part to other smaller units of general purpose government which (1) are located within the boundaries of the larger unit of general local government, (2) provide general governmental services and (3) contain entitlement lands within their boundaries. Such reallocation or redistribution shall generally reflect the level of services provided by, and the number of entitlement acres within, the smaller unit of general local government.
(b) Upon enactment of legislation by a State, described in subsection (a), the Secretary shall make one payment to such State equaling the aggregate amount of payments which he otherwise would have made to units of general local government within such State pursuant to this chapter. It shall be the responsibility of such State to make any further distribution of the payment pursuant to subsection (a). Such redistribution shall be made within 30 days after receipt of such payment. No payment, or portion thereof, made by the Secretary shall be used by any State for the administration of this subsection or subsection (a).
(c) Appropriations made for payments in lieu of taxes for a fiscal year may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients.
(Added Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 324; amended Pub. L. 103–272, § 4(f)(1)(U)(ii), July 5, 1994, 108 Stat. 1362.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–272 inserted section catchline.
31 U.S.C. § 7102 (MONEY AND FINANCE)
§ 7102. Definitions
In this chapter—
(1) “applicant” means a State, local government, or private nonprofit organization applying for assistance for one project.
(2) “assistance program” means a program of the United States Government providing assistance through a grant or contract but does not include revenue sharing, a loan, a loan guarantee, or insurance.
(3) “local government” means a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State, a school district, a council of governments, or other instrumentality of a local government.
(4) “project” means an undertaking that includes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for assistance under—
(A) more than one United States Government program; or
(B) at least one Government program and at least one State program.
(5) “State” means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a tribe as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1035; Pub. L. 103–272, § 4(f)(1)(V), July 5, 1994, 108 Stat. 1363.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
7102(1)
42:4261(2), (4).
Dec. 5, 1974, Pub. L. 93–510, § 12, 88 Stat. 1608.
7102(2)
42:4261(1).
7102(3)
42:4261(6).
7102(4)
42:4261(3).
7102(5)
42:4261(5).
In clause (1), the words “applying for” are substituted for “seeking” for clarity. The words “acting separately or together” are omitted as unnecessary. The text of 42:4261(4) is omitted as unnecessary because of section 102 of the revised title.
In clause (2), the words “of the United States Government” are added for clarity. The words “assistance in the form of” are omitted as unnecessary.
In clause (3), the words “a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State” are substituted for “a local unit of government including a city, county, parish, town, township, village,” for consistency in the revised title and because of 1:2. The word “agency” is omitted because it is included in “instrumentality”.
In clause (4), the words “that contribute” are substituted for “if each of those components” to eliminate unnecessary words. The words “whether of a temporary or continuing nature” are omitted as unnecessary.
In clause (5), the words “any of the several” are omitted as unnecessary. The words “the Commonwealth of Puerto Rico” are omitted as being included in “territory or possession of the United States” and as unnecessary because of 48:734.
heading: Editorial Notes
heading: Amendments
text: 1994—Par. (3). Pub. L. 103–272 substituted “political” for “politicial” after “other general purpose”.
31 U.S.C. § 7302 (MONEY AND FINANCE)
§ 7302. Definitions
In this chapter—
(1) “block grant amounts” means amounts received for a program that—
(A) directly allocates amounts to States only, except for amounts allocated for use by the agency administering the program; and
(B) provides that the State may use any part of the amounts at its discretion to continue to support activities financed on August 12, 1981, under programs whose authorizations were discontinued by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 357) and that were financed on August 12, 1981, by allocations by the United States Government to local governments or other eligible entities, or both local governments and other eligible entities.
(2) “State” includes the District of Columbia and territories and possessions of the United States.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1040.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
7302
31:1243(note).
Aug. 13, 1981, Pub. L. 97–35, § 1741(b), 95 Stat. 763.
In clause (1)(A), the word “Federal” is omitted as surplus because of section 101 of the revised title.
heading: Editorial Notes
heading: References in Text
text: The Omnibus Budget Reconciliation Act of 1981, referred to in par. (1)(B), is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables.
31 U.S.C. § 7304 (MONEY AND FINANCE)
§ 7304. Availability of records
To evaluate and review the use of block grant amounts, consolidated assistance, and other grant programs established or provided for in the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 357), records related to the amounts, assistance, or programs that are in the possession, custody, or control of a State, a political subdivision of a State, or a grantee of a State or political subdivision of a State shall be made available to the Comptroller General.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1040.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
7304
31:1243(note).
Aug. 13, 1981, Pub. L. 97–35, § 1744, 95 Stat. 764.
The words “records . . . shall be made available to” are substituted for “shall have access to any books, accounts, records, correspondence, or other documents” for consistency in the revised title and with other titles of the United States Code.
heading: Editorial Notes
heading: References in Text
text: The Omnibus Budget Reconciliation Act of 1981, referred to in text, is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables.
31 U.S.C. § 7305 (MONEY AND FINANCE)
§ 7305. State auditing requirements
(a) The chief executive officer of each State shall conduct financial and compliance audits of block grant amounts received under the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 357) and amounts received under a consolidated assistance program established or provided for in the Act. An audit shall be conducted for the 2-year period beginning on October 1, 1981, and for each 2-year period thereafter. As far as practicable, the audit shall be conducted consistent with standards the Comptroller General prescribes for the audit of governmental entities, programs, activities, and functions.
(b) An audit under subsection (a) of this section is in place of other financial and compliance audits of those amounts that the chief executive officer of the State is required to conduct under another provision of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 357) unless the other provision, by explicit reference to this section, provides otherwise.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1041.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
7305
31:1243(note).
Aug. 13, 1981, Pub. L. 97–35, § 1745, 95 Stat. 764.
In subsection (a), the word “prescribes” is substituted for “established”, and the word “entities” is substituted for “organizations”, for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “of funds” and “conducted” are omitted as surplus.
heading: Editorial Notes
heading: References in Text
text: The Omnibus Budget Reconciliation Act of 1981, referred to in text, is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357, as amended. For complete classification of this Act to the Code, see Tables.
31 U.S.C. § 7504 (MONEY AND FINANCE)
§ 7504. Federal agency responsibilities and relations with non-Federal entities
(a) Each Federal agency shall, in accordance with guidance issued by the Director under section 7505, with regard to Federal awards provided by the agency—
(1) monitor non-Federal entity use of Federal awards, and
(2) assess the quality of audits conducted under this chapter for audits of entities for which the agency is the single Federal agency determined under subsection (b).
(b) Each non-Federal entity shall have a single Federal agency, determined in accordance with criteria established by the Director, to provide the non-Federal entity with technical assistance and assist with implementation of this chapter.
(c) The Director shall designate a Federal clearinghouse to—
(1) receive copies of all reporting packages developed in accordance with this chapter;
(2) identify recipients that expend $300,000 or more in Federal awards or such other amount specified by the Director under section 7502(a)(3) during the recipient’s fiscal year but did not undergo an audit in accordance with this chapter; and
(3) perform analyses to assist the Director in carrying out responsibilities under this chapter.
(Added Pub. L. 98–502, § 2(a), Oct. 19, 1984, 98 Stat. 2333; amended Pub. L. 104–156, § 2, July 5, 1996, 110 Stat. 1402.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–156 substituted “Federal agency responsibilities and relations with non-Federal entities” for “Cognizant agency responsibilities” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a) The Director shall designate cognizant agencies for audits conducted pursuant to this chapter.
“(b) A cognizant agency shall—
“(1) ensure that audits are made in a timely manner and in accordance with the requirements of this chapter;
“(2) ensure that the audit reports and corrective action plans made pursuant to section 7502 of this title are transmitted to the appropriate Federal officials; and
“(3)(A) coordinate, to the extent practicable, audits done by or under contract with Federal agencies that are in addition to the audits conducted pursuant to this chapter; and (B) ensure that such additional audits build upon the audits conducted pursuant to this chapter.”
31 U.S.C. § 7506 (MONEY AND FINANCE)
§ 7506. Effective date
This chapter shall apply to any non-Federal entity with respect to any of its fiscal years which begin after June 30, 1996.
(Added Pub. L. 98–502, § 2(a), Oct. 19, 1984, 98 Stat. 2334, § 7507; amended Pub. L. 104–156, § 2, July 5, 1996, 110 Stat. 1404; renumbered § 7506, Pub. L. 114–301, § 2(a)(1)(B), Dec. 16, 2016, 130 Stat. 1514.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7506, added Pub. L. 98–502, § 2(a), Oct. 19, 1984, 98 Stat. 2333; amended Pub. L. 104–156, § 2, July 5, 1996, 110 Stat. 1403, related to the monitoring responsibilities of the Comptroller General, prior to repeal by Pub. L. 114–301, § 2(a)(1)(A), Dec. 16, 2016, 130 Stat. 1514.
heading: Amendments
text: 2016—Pub. L. 114–301 renumbered section 7507 of this title as this section.
1996—Pub. L. 104–156 struck out “; report” after “Effective date” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a) This chapter shall apply to any State or local government with respect to any of its fiscal years which begin after December 31, 1984.
“(b) The Director, on or before May 1, 1987, and annually thereafter, shall submit to each House of Congress a report on operations under this chapter. Each such report shall specifically identify each Federal agency or State or local government which is failing to comply with this chapter.”
31 U.S.C. § 9301 (MONEY AND FINANCE)
§ 9301. Definitions
In this chapter—
(1) “person” means an individual, a trust, an estate, a partnership, and a corporation.
(2) “eligible obligation” means any security designated as acceptable in lieu of a surety bond by the Secretary of the Treasury.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1046; Pub. L. 109–351, title IX, § 901(a), Oct. 13, 2006, 120 Stat. 2007.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
9301
6:15(10th, last sentences).
In clause (1), the words after the semicolon are omitted as unnecessary because of the restatement.
Clause (2) is substituted for 6:15(last sentence) for consistency and to eliminate unnecessary words.
heading: Editorial Notes
heading: Amendments
text: 2006—Par. (2). Pub. L. 109–351 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘Government obligation’ means a public debt obligation of the United States Government and an obligation whose principal and interest is unconditionally guaranteed by the Government.”