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Dan MacMeekin         Attorney at Law        Washington, DC, USA

Library … Documents …  Relations between dependent islands and the mother country … Special provisions for benefit of dependent islands … 

Department of Education

Section 1070d-34(d) of title 20 of the United States Code makes section 1469a inapplicable to Department of Education's Robert C. Byrd Honors Scholars program, providing college scholarships: 

(d) Consolidation by Insular Areas prohibited Notwithstanding section 1469a of title 48, [1] funds allocated under this part to an Insular Area described in that section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with other funds received by the Insular Area from any department or agency of the United States Government.

Department of the Interior

Public Law 98-454, title VI, section 601(b), Oct. 5, 1984, 98 Stat. 1736, provided that section 1469a  shall be applied with respect to the Department of the Interior by substituting ''shall'' for ''may'' in the last sentence of subsection (d), and adding the following sentence at the end of subsection (d): ''Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands any department or agency shall waive any requirement for local matching funds under $200,000 (including in-kind contributions) required by law to be provided by American Samoa, Guam, the Virgin Islands, or the Northern Mariana Islands.''

For the Department of the Interior, then, subsection (d) of section 1469a reads:

(d) Each department or agency making grants-in-aid shall, by regulations published in the Federal Register, provide the method by which any Insular Area may submit (i) a single application for a consolidated grant for any fiscal year period, but not more than one such application for a consolidated grant shall be required by any department or agency unless notice of such requirement is transmitted to the appropriate committees of the United States Congress together with a complete explanation of the necessity for requiring such additional applications and (ii) a single report to such department or agency with respect to each such consolidated grant: Provided, That nothing in this paragraph shall preclude such department or agency from providing adequate procedures for accounting, auditing, evaluating, and reviewing any programs or activities receiving benefits from any consolidated grant. The administering authority of any department or agency, in its discretion, shall (i) waive any requirement for matching funds otherwise required by law to be provided by the Insular Area involved and (ii) waive the requirement that any Insular Area submit an application or report in writing with respect to any consolidated grant.  Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands any department or agency shall waive any requirement for local matching funds under $200,000 (including in-kind contributions) required by law to be provided by American Samoa, Guam, the Virgin Islands, or the Northern Mariana Islands.

Department of Labor

Section 708 of title 29 of the United States Code makes section 1469a inapplicable to certain vocational rehabilitation programs administered by Department of Labor.

Public Law 99-396, section 12(a), Aug. 27, 1986, 100 Stat. 841, provided that: ''In awarding assistance grants, consolidated under the provisions of title V of the Act entitled 'An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts related thereto, and for other purposes' (91 Stat. 1159, as amended) (42 U.S.C. 4368b; 48 U.S.C. 1469a), to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands or the Virgin Islands, the Administrator of the Environmental Protection Agency may, in his discretion, adjust or otherwise modify maintenance or level of effort requirements.''

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Return to Section 1469a, on Consolidation of Grants

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