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(1) A certification, in the form provided by the Secretary, that such State or Territory <br />requires the payment to carry out the activities specified in section 602(c) of the Social Security <br />Act and will use the payment in compliance with section 602(c) of the Social Security Act; and <br />(2) Any reports required to be filed by that date pursuant to this part that have not yet <br />been filed. <br />§ 35.12. Distributions to nonentitlement units of local government and units of general local <br />government.. <br />(a) Nonentitlement units of local government. Each State or Territory that receives a <br />payment from the Secretary pursuant to section 603(b)(2)(B) of the Social Security Act shall <br />distribute the amount of the payment to nonentitlement units of local government in such State or <br />Territory in accordance with the requirements set forth in section 603(b)(2)(C) of the Social <br />Security Act and without offsetting any debt owed by such nonentitlement units of local <br />governments against such payments. <br />(b) Budget cap. A State or Territory may not make a payment to a nonentitlement unit of <br />local government pursuant to section 603(b)(2)(C) of the Social Security Act and paragraph (a) <br />of this section in excess of the amount equal to 75 percent of the most recent budget for the <br />nonentitlement unit of local government as of January 27, 2020. For purposes of this section <br />35.12, a nonentitlement unit of local government's most recent budget shall mean the <br />nonentitlement unit of local government's total annual budget, including both operating and <br />capital expenditure budgets, in effect as of January 27, 2020. A State or Territory shall permit a <br />nonentitlement unit of local government without a formal budget as of January 27, 2020, to <br />provide a certification from an authorized officer of the nonentitlement unit of local government <br />436 <br />