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

Summary

Allow a federal agency leader to make one set of simple rules when different technical or paperwork rules would make joining a project hard. The leader can set common rules about money management (for example, accounting, reports, audits, and a separate bank account), when the U.S. pays, whether help comes as a grant or a contract, and how to track or dispose of records, property, or buildings when shared rules are used. The leader can also let one review panel check project applications if the law does not require separate panels. Even if a law says a particular public agency must run part of a jointly funded project, the federal agency leader can waive that rule if another public agency can lawfully run it and it fits the program’s goals, and if the waiver is asked for by the chief local government official with authority or agreed to by the local or state agencies involved.

Title 31, §7105

Money and Finance — Source: USLM XML via OLRC

(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