Page:United States Statutes at Large Volume 104 Part 4.djvu/603

This page needs to be proofread.

PUBLIC LAW 101-590—NOV. 16, 1990 104 STAT. 2919 "P ART B—FORMULA GRANTS WITH RESPECT TO MODIFICATIONS OF STATE PLANS "SEC. 1211. ESTABLISHMENT OF PROGRAM. 42 USC 300d-ll. "(a) REQUIREMENT OF ALLOTMENTS FOR STATES.— The Secretary shall for each fiscal year make an allotment for each State in an amount determined in accordance with section 1218. The Secretary shall make payments, as grants, each fiscal year to each State from the allotment for the State if the Secretary approves for the fiscal year involved an application submitted by the State pursuant to section 1217. "(b) PURPOSE.— Except as provided in section 1233, the Secretary may not make payments under this part for a fiscal year unless the State involved agrees that, with respect to the trauma care component of the State plan for the provision of emergency medical services, the payments will be expended only for the purpose of developing, implementing, and monitoring the modifications to such component described in section 1213. "SEC. 1212. REQUIREMENT OF MATCHING FUNDS FOR FISCAL YEARS SUB- 42 USC 300d-12. SEQUENT TO FIRST FISCAL YEAR OF PAYMENTS. " (a) NON-FEDERAL CONTRIBUTIONS.— "(1) IN GENERAL.—The Secretary may not make payments under section 1211(a) unless the State involved agrees, with respect to the costs described in paragraph (2), to make available non-Federal contributions (in cash or in kind under subsection (b)(D) toward such costs in an amount equal to— "(A) for the second fiscal year of such payments to the State, not less than $1 for each $1 of Federal funds provided in such payments for such fiscal year; and "(B) for any subsequent fiscal year of such payments to the State, not less than $3 for each $1 of Federal funds provided in such payments for such fiscal year. "(2) PROGRAM COSTS. —The costs referred to in paragraph (1) are— "(A) the costs to be incurred by the State in carrying out the purpose described in section 1211(c); or "(B) the costs of improving the quality and availability of emergency medical services in rural areas of the State. "(3) INITIAL YEAR OF PAYMENTS. —The Secretary may not require a State to make non-Federal contributions as a condition of receiving payments under section 1211(a) for the first fiscal year of such payments to the State. "(b) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBU- TION. —With respect to compliance with subsection (a) as a condition of receiving payments under section 1211(a)— "(1) a State may make the non-Federal contributions required in such subsection in cash or in kind, fairly evaluated, including plant, equipment, or services; "(2) the Secretary may not, in making a determination of the amount of non-Federal contributions, include amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government; and "(3) the Secretary shall, in making such a determination, include only non-Federal contributions in excess of the amount of non-Federal contributions made by the State during fiscal year 1990 toward—