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Title 3 . Commerce, Community, and Economic Development
Chapter 132 . Small Municipality Energy Assistance Program
Section 85. Calculation of Title II and Title III projects

3 AAC 132.085. Calculation of Title II and Title III projects

(a) The amount of Title II and Title III project money allocated for the unorganized borough under the national forest receipts program is 15 percent of the payment to the unorganized borough calculated under 3 AAC 132.060.

(b) National forest receipts program money allocated to the state under AS 41.15.180 (j) is exempt from the requirements of this section.

(c) The portion of national forest receipts program money that is allocated to each municipality or regional educational attendance area in the unorganized borough, and that must be used under (a) of this section for Title II and Title III projects, will be based upon the municipality's or regional educational attendance area's pro rata share of the total amount allocated under AS 41.15.180 (c) and (d) during the application year to the municipality or regional educational attendance area.

(d) If the total amount of national forest receipts program money allocated to a municipality or regional educational attendance area in the unorganized borough for schools under AS 41.15.180 (c), roads under AS 41.15.180 (d), and Title II and Title III projects under this section is less than $100,000, that amount is exempt from the requirement that the municipality or regional educational attendance area spend a portion of its national forest receipts program payment on Title II or Title III projects. If the amount is exempt under this subsection, the municipality or regional educational attendance area shall spend an amount for schools and roads that is equal to the amount that would have been allocated for Title II or Title III projects, and shall allocate that amount between schools and roads so that the amounts spent on schools and roads are proportional to the amounts allocated for schools under AS 41.15.180 (c) and roads under AS 41.15.180 (d).

(e) Notwithstanding (c) of this section, if the total amount of national forest receipts program money allocated to a municipality or regional educational attendance area in the unorganized borough for schools under AS 41.15.180 (c), roads under AS 41.15.180 (d), and Title II and Title III projects under this section is $100,000 or more, the department will

(1) require the municipality or regional educational attendance area to spend a pro rata share of the total amount of national forest receipts program money that the department determines under (b) and (d) of this section to be exempt; and

(2) proportionately reduce, by the pro rata share of the total amount of national forest receipts program money that the department determines under (b) and (d) of this section to be exempt, the portions of national forest receipts program money allocated to the municipality or regional educational attendance area for schools under AS 41.15.180 (c) and roads under AS 41.15.180 (d), so that the 15-percent requirement in (a) of this section is met.

History: Eff. 1/6/2005, Register 173

Authority: AS 41.15.180

AS 44.33.020


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Last modified 7/05/2006