§7105 — Title 31 Money and Finance | U.S. Code

Summary

An agency head may create one set of uniform rules when different technical or administrative requirements that are not required by law would make joining a project difficult. The rules can cover four areas: (1) financial management (accounts, reports, audits, and a separate bank account) consistent with section 7108; (2) timing of payments; (3) whether help is given by grant or by contract; and (4) responsibility for and disposition of records, property, or structures bought or built with government aid. The agency head may let one panel review applications when separate reviews are not required. The head may also waive a rule that a specific public agency must run part of a jointly funded project if (1) another public agency can lawfully do it and it fits the program’s goals, and (2)(A) the chief official with authority requests the waiver or (B) the State or local agencies involved agree.

Title 31, §7105

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(a)To make participation in a project easier than would be possible because of varying or conflicting technical or administrative regulations and procedures not required by law, the head of an executive agency may prescribe uniform provisions about inconsistent or conflicting requirements on—

(1)financial administration of the project (including accounting, reporting and auditing, and maintaining a separate bank account), to the extent consistent with section 7108 of this title;

(2)the timing of payments by the United States Government for the project when one schedule or a combined schedule is to be established for the project;

(3)providing assistance by grant rather than procurement contract or by procurement contract rather than by grant; and

(4)accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Government when common regulations are established for the project.

(b)To make easier the processing of applications for assistance, the head of an executive agency may provide for review of proposals for a project by one panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by law.

(c)Notwithstanding a requirement that one public agency or a specific public agency be established or designated to carry out or supervise that part of the assistance from the Government under an assistance program for a jointly financed project, the head of the executive agency carrying out the program may waive the requirement when—

(1)administration by another public agency is consistent with State or local law and the objectives of the assistance program; and

(2)(A)the waiver is requested by the head of a unit of general government certifying jurisdiction over the public agencies concerned; or

(B)the State or local public agencies concerned agree to the waiver.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7105(a)42:4255(a).Dec. 5, 1974, Pub. L. 93–510, § 6, 88 Stat. 1606. 7105(b)42:4255(b). 7105(c)42:4255(c). In subsection (a), before clause (1), the words “To make participation in a project easier than would be possible” are substituted for “In order to provide for projects” for clarity. The words “because of” are substituted for “that would otherwise be subject to” to eliminate unnecessary words. The word “prescribe” is substituted for “adopt”, and the word “about” is substituted for “with respect to”, for consistency in the revised title. In clause (2), the words “payments by the United States Government” are substituted for “Federal payments” for consistency in the revised title. In clause (3), the words “providing assistance by” are substituted for “that assistance be extended in the form of” to eliminate unnecessary words. The word “procurement” is added for consistency with chapter 63 of the revised title. In clause (4), the words “assistance from the Government” are substituted for “Federal assistance” for consistency. In subsection (b), the words “To make easier” are substituted for “In order to permit”, and the words “applications for assistance” are substituted for “applications in accordance with the purposes of this chapter”, for clarity. The words “where . . . are not” are substituted for “except when such review is” because of the restatement. Subsection (c) is substituted for 42:4255(c) for consistency in subtitle V of the revised title.

§7105 Prescribing uniform technical and administrative provisions

Summary

Title 31, §7105

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata