U.S. Code > Title 42 The Public Health and Welfare > CHAPTER 6A—PUBLIC HEALTH SERVICE > SUBCHAPTER XVII—BLOCK GRANTS > Part B—Block Grants Regarding Mental Health and Substance Abuse > subpart ii—block grants for prevention and treatment of substance abuse > § 300x-33. Determination of amount of allotment

§ 300x-33. Determination of amount of allotment

(a) States
(1) In general
Subject to subsection (b) of this section, the Secretary shall determine the amount of the allotment required in section 300x–21 of this title for a State for a fiscal year as follows:
(A) The formula established in paragraph (1) of section 300x–7 (a) of this title shall apply to this subsection to the same extent and in the same manner as the formula applies for purposes of section 300x–7 (a) of this title, except that, in the application of such formula for purposes of this subsection, the modifications described in subparagraph (B) shall apply.
(B) For purposes of subparagraph (A), the modifications described in this subparagraph are as follows:
(i) The amount specified in paragraph (2)(A) of section 300x–7 (a) of this title is deemed to be the amount appropriated under section 300x–35 (a) of this title for allotments under section 300x–21 of this title for the fiscal year involved.
(ii) The term “P” is deemed to have the meaning given in paragraph (2) of this subsection. Section 300x–7 (a)(5)(B) of this title applies to the data used in determining such term for the States.
(iii) The factor determined under paragraph (8) of section 300x–7 (a) of this title is deemed to have the purpose of reflecting the differences that exist between the State involved and other States in the costs of providing authorized services.
(2) Determination of term “P”
For purposes of this subsection, the term “P” means the percentage that is the arithmetic mean of the percentage determined under subparagraph (A) and the percentage determined under subparagraph (B), as follows:
(A) The percentage constituted by the ratio of—
(i) an amount equal to the sum of the total number of individuals who reside in the State involved and are between 18 and 24 years of age (inclusive) and the number of individuals in the State who reside in urbanized areas of the State and are between such years of age; to
(ii) an amount equal to the total of the respective sums determined for the States under clause (i).
(B) The percentage constituted by the ratio of—
(i) the total number of individuals in the State who are between 25 and 64 years of age (inclusive); to
(ii) an amount equal to the sum of the respective amounts determined for the States under clause (i).
(b) Minimum allotments for States
(1) In general
With respect to fiscal year 2000, and each subsequent fiscal year, 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 such section for the previous fiscal year increased by an amount equal to 30.65 percent of the percentage by which the aggregate amount allotted to all States for such fiscal year exceeds the aggregate amount allotted to all States for the previous fiscal year.
(2) Limitations
(A) In general
Except as provided in subparagraph (B), a State shall not receive an allotment under section 300x–21 of this title for a fiscal year 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 a fiscal year (as compared to the amount allotted to the State in the prior fiscal year) 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 such fiscal year exceeds the amount appropriated for the prior fiscal year.
(3) Decrease in or equal appropriations
If the amount appropriated under section 300x–35 (a) of this title for a fiscal year is equal to or less than the amount appropriated under such section for the prior fiscal year, the amount of the State 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 the prior fiscal year decreased by the percentage by which the amount appropriated for such fiscal year is less than the amount appropriated or [1] such section for the prior fiscal year.
(c) Territories
(1) Determination under formula
Subject to paragraphs (2) and (4), the amount of an allotment under section 300x–21 of this title for a territory of the United States for a fiscal year shall be the product of—
(A) an amount equal to the amounts reserved under paragraph (3) for the fiscal year; and
(B) a percentage equal to the quotient of—
(i) the civilian population of the territory, as indicated by the most recently available data; divided by
(ii) the aggregate civilian population of the territories of the United States, as indicated by such data.
(2) Minimum allotment for territories
The amount of an allotment under section 300x–21 of this title for a territory of the United States for a fiscal year shall be the greater of—
(A) the amount determined under paragraph (1) for the territory for the fiscal year;
(B) $50,000; and
(C) with respect to fiscal years 1993 and 1994, an amount equal to 79.4 percent of the amount received by the territory from allotments made pursuant to this part for fiscal year 1992.
(3) Reservation of amounts
The Secretary shall each fiscal year reserve for the territories of the United States 1.5 percent of the amounts appropriated under section 300x–35 (a) of this title for allotments under section 300x–21 of this title for the fiscal year.
(4) Availability of data on population
With respect to data on the civilian population of the territories of the United States, if the Secretary determines for a fiscal year that recent such data for purposes of paragraph (1)(B) do not exist regarding a territory, the Secretary shall for such purposes estimate the civilian population of the territory by modifying the data on the territory to reflect the average extent of change occurring during the ensuing period in the population of all territories with respect to which recent such data do exist.
(5) Applicability of certain provisions
For purposes of subsections (a) and (b) of this section, the term “State” does not include the territories of the United States.
(d) Indian tribes and tribal organizations
(1) In general
If the Secretary—
(A) receives a request from the governing body of an Indian tribe or tribal organization within any State that funds under this subpart be provided directly by the Secretary to such tribe or organization; and
(B) makes a determination that the members of such tribe or tribal organization would be better served by means of grants made directly by the Secretary under this; [2]
the Secretary shall reserve from the allotment under section 300x–21 of this title for the State for the fiscal year involved an amount that bears the same ratio to the allotment as the amount provided under this subpart to the tribe or tribal organization for fiscal year 1991 for activities relating to the prevention and treatment of the abuse of alcohol and other drugs bore to the amount of the portion of the allotment under this subpart for the State for such fiscal year that was expended for such activities.
(2) Tribe or tribal organization as grantee
The amount reserved by the Secretary on the basis of a determination under this paragraph [3] shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.
(3) Application
In order for an Indian tribe or tribal organization to be eligible for a grant for a fiscal year under this paragraph,[3] it shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe.
(4) Definitions
The terms “Indian tribe” and “tribal organization” have the same meaning given such terms in subsections (b) and (c) [4] of section 450b of title 25.

[1] So in original. Probably should be “for”.

[2] So in original. Probably should be “this subpart;”.

[3] So in original. Probably should be “subsection”.

[4] See References in Text note below.