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344
1
that decrease a State’s Federal funding levels by
2
more than 3 percent in a fiscal year. The 3 percent
3
limit shall not apply to the withholding provisions of
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subsection (k).
5
‘‘(k) P
M
.—
LAN
ONITORING
6
‘‘(1) I
.—On the basis of reports
N GENERAL
7
submitted by the lead State agency responsible for
8
administering a State plan approved under this sec-
9
tion and an investigation by the Secretary, the Sec-
10
retary shall periodically evaluate State implementa-
11
tion of and compliance with the State plan.
12
‘‘(2) W
.—
ITHHOLDING OF FUNDS
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‘‘(A) D
.—If, after notice and
ISAPPROVAL
14
an opportunity to be heard, the Secretary finds
15
that a State plan previously approved under
16
this section is not being followed or has become
17
inadequate to ensure enforcement of State reg-
18
ulations, standards, or orders described in sub-
19
section (c)(1), or the State is otherwise not in
20
compliance with the requirements of this sec-
21
tion, the Secretary may withdraw approval of
22
the State plan and notify the State. Upon the
23
receipt of such notice, the State plan shall no
24
longer be in effect and the Secretary shall with-
25
hold all funding to the State under this section.
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