123STA T . 1 50 2 PUBLIC LA W 111 – 13 — AP R .21 , 200 9‘ ‘ (1)INGE NE RAL.—Ofthe f undsal l oc ated by the C o rp orat i on for pro v ision of assistance under section 1 2 1(a) for a fiscal year and sub j ect to section 1 3 3(d)(3) , the Corporation shall reserve not m ore than 6 2. 7 percent for g rants a w arded on a competitive basis to S tates specified in subsection (e)(1) for national service programs, to nonprofit organi z ations see k ing to operate a national service program in 2 or more of those States, and to Indian tribes. ‘‘(2) EQUIT A B LE TREAT M ENT.—In the consideration of applications for such grants, the Corporation shall ensure the e q uitable treatment of applicants from urban areas, applicants from rural areas, applicants of diverse sizes (as measured by the number of participants served), applicants from States, and applicants from national nonprofit organizations. ‘‘(3) EN CO RE S ER V ICE P ROGRAMS.—In making grants under this subsection for a fiscal year, the Corporation shall make an effort to allocate not less than 1 0 percent of the financial assistance and approved national service positions provided through the grants for that fiscal year to eligible entities pro - posing to carry out encore service programs, unless the Corpora- tion does not receive a sufficient number of applications of adequate quality to justify making that percentage available to those eligible entities. ‘‘( 4 ) CORPS PROGRAMS.—In making grants under this sub- section for a fiscal year, the Corporation— ‘‘( A ) shall select 2 or more of the national service corps described in section 122(a) to receive grants under this subsection
and ‘‘( B ) may select national service programs described in section 122(b) to receive such grants. ‘‘(e) ALLOTMENT TO CERTAIN STATES ON F ORMULA BASIS.— ‘‘(1) G RANTS.—Of the funds allocated by the Corporation for provision of assistance under section 121(a) for a fiscal year, the Corporation shall make a grant to each of the several States, the D istrict of Columbia, and the Commonwealth of P uerto R ico that submits an application under section 130 that is approved by the Corporation. ‘‘(2) ALLOTMENTS.— T he Corporation shall allot for a grant to each such State under this subsection for a fiscal year an amount that bears the same ratio to 3 5 .3 percent of the allocated funds for that fiscal year as the population of the State bears to the total population of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, in compliance with paragraph (3). ‘‘(3) M INIMUM AMOUNT.— N otwithstanding paragraph (2), the minimum grant made available to each State approved by the Corporation under paragraph (1) for each fiscal year shall be at least $ 600,000, or 0.5 percent of the amount allocated for the State formula under this subsection for the fiscal year, whichever is greater. ‘‘(f) E F FECT OF FAILURE TO APPL Y .—If a State or territory fails to apply for, or fails to give notice to the Corporation of its intent to apply for, an allotment under this section, or the Corporation does not approve the application consistent with section 133, the Corporation may use the amount that would have been allotted under this section to the State or territory to—
