1
 So in original. Probably should be “for”.
such section for the prior fiscal year.
2
 So in original. Probably should be “subsection,”.
it shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe.
3
 See References in Text note below.
of
Editorial Notes
References in Text

Section 5304 of title 25, referred to in subsec. (d)(4), was amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section.

Prior Provisions

A prior section 1933 of act July 1, 1944, was classified to section 300y–23 of this title and subsequently omitted from the Code.

Amendments

2022—Subsec. (d)(1). Pub. L. 117–328, § 1244(1)(C), substituted “Tribe or Tribal organization” for “tribe or tribal organization” in concluding provisions.

Pub. L. 117–328, § 1241(a)(8), substituted “use of substances” for “abuse of alcohol and other drugs” in concluding provisions.

Subsec. (d)(1)(A). Pub. L. 117–328, § 1244(1)(A), substituted “of an Indian Tribe or Tribal organization” for “of an Indian tribe or tribal organization” and “such Tribe” for “such tribe”.

Subsec. (d)(1)(B). Pub. L. 117–328, § 1244(1)(B), substituted “Tribe or Tribal organization” for “tribe or tribal organization” and “Secretary under this subpart” for “Secretary under this”.

Subsec. (d)(2). Pub. L. 117–328, § 1244(2), amended par. (2) generally. Prior to amendment, text read as follows: “The amount reserved by the Secretary on the basis of a determination under this paragraph shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.”

Subsec. (d)(3). Pub. L. 117–328, § 1244(3), substituted “Tribe or Tribal organization” for “tribe or tribal organization”.

Subsec. (d)(4). Pub. L. 117–328, § 1244(4), substituted “Definitions” for “Definition” in heading and “The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meanings given the terms ‘Indian tribe’ and ‘tribal organization’ ” for “The terms ‘Indian tribe’ and ‘tribal organization’ have the same meaning given such terms” in text.

2000—Subsec. (b). Pub. L. 106–310 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Each State’s allotment for fiscal year 2000 for programs under this subpart shall be equal to such State’s allotment for such programs for fiscal year 1999, except that, if the amount appropriated in fiscal year 2000 is less than the amount appropriated in fiscal year 1999, then the amount of a State’s allotment under section 300x–21 of this title shall be equal to the amount that the State received under section 300x–21 of this title in fiscal year 1999 decreased by the percentage by which the amount appropriated for fiscal year 2000 is less than the amount appropriated for such section for fiscal year 1999.”

1999—Subsec. (b). Pub. L. 106–113 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “For each of the fiscal years 1993 and 1994, the amount of the allotment required in section 300x–21 of this title for a State for the fiscal year involved shall be the greater of—

“(1) the amount determined under subsection (a) of this section for the State for the fiscal year; and

“(2) an amount equal to 79.4 percent of the amount received by the State from allotments made pursuant to this part for fiscal year 1992 (including reallotments under section 205(a) of the ADAMHA Reorganization Act).”

1998—Subsec. (b). Pub. L. 105–277, temporarily amended subsec. (b) to read as follows: “(b) Minimum allotments for States.—

“(1) In general.—With respect to fiscal year 1999, the amount of the allotment of a State under section 300x–21 of this title shall not be less than the amount the State received under section 300x–21 of this title for fiscal year 1998 increased by 30.65 percent of the percentage by which the amount allotted to the States for fiscal year 1999 exceeds the amount allotted to the States for fiscal year 1998.

“(2) Limitation

“(A) In general.—Except as provided in subparagraph (B), a State shall not receive an allotment under section 300x–21 of this title for fiscal year 1999 in an amount that is less than an amount equal to 0.375 percent of the amount appropriated under section 300x–35(a) of this title for such fiscal year.

“(B) Exception.—In applying subparagraph (A), the Secretary shall ensure that no State receives an increase in its allotment under section 300x–21 of this title for fiscal year 1999 (as compared to the amount allotted to the State in the fiscal year 1998) that is in excess of an amount equal to 300 percent of the percentage by which the amount appropriated under section 300x–35(a) of this title for fiscal year 1999 exceeds the amount appropriated for the prior fiscal year.

“(3) Only for the purposes of calculating minimum allotments under this subsection, any reference to the amount appropriated under section 300x–35(a) of this title for fiscal year 1998, allotments to States under section 300x–21 of this title and any references to amounts received by States in fiscal year 1998 shall include amounts appropriated or received under the amendments made by section 105 of the Contract with America Advancement Act of 1996 (Public Law 104–121).”

See Effective and Termination Dates of 1998 Amendment note below.

1992—Subsec. (c)(2)(C). Pub. L. 102–352 added subpar. (C).

Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1998 Amendment

Amendment by Pub. L. 105–277 effective as if enacted on Oct. 1, 1998, and applicable only during fiscal year 1999, and upon expiration of fiscal year 1999, subsec. (b) of this section, as in effect on Sept. 30, 1998, to be applied as if such amendment had not been enacted, see section 101(f) [title II, § 218(c)] of Pub. L. 105–277, set out as a note under section 300x–7 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–352 effective immediately upon effectuation of amendment made by Pub. L. 102–321, see section 3(1) of Pub. L. 102–352, set out as a note under section 285n of this title.