; and (D) the submitter demonstrates that there is substantial community support for the plan. (2) Disapproval The Secretary shall make available to the general public the reasons for the disapproval of a submission made pursuant to this section. 4. Allocation of funds (a) In general The Secretary shall allocate the amounts made available by this Act among counties with submissions approved under section 3, in accordance a formula prescribed by the Secretary in regulations, that the Secretary determines would best allow counties to address major community development and public infrastructure challenges. In developing the formula, the Secretary shall consider the following criteria: (1) Per capita income levels. (2) Population growth rates. (b) Evaluation Every 2 years, the Secretary shall evaluate the effectiveness of the formula prescribed under subsection (a), and revise the formula, as necessary, to best enable counties to address major community development and public infrastructure challenges. (c) Report to Congress The Secretary shall submit to the Congress a report on each formula used under this section, which sets forth the formula and explains how allocating the amounts made available by this Act best achieves the purposes of this Act. 5. Limitations; use of funds (a) Limitations A local unit of government to which a grant is made under this Act may not use the grant— (1) to discriminate against any person on the basis of race, color, sex, age, sexual orientation, or national origin; (2) as matching funds to receive Federal funds under any other law; or (3) in contravention of the requirements under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. (b) Use of funds A county to which funds are provided under this Act for a fiscal year shall reserve 1 percent of the funds for administration of the funds. 6. Annual action reports