Page:United States Statutes at Large Volume 98 Part 2.djvu/1195

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-509—OCT. 19, 1984

98 STAT. 2355

ratio to the State's allotment for the fiscal year involved as the total amount provided or allotted for fiscal year 1980 by the Secretary to such tribe or tribal organization under— "(A) the Community Mental Health Centers Act, "(B) the Mental Health Systems Act, "(C) section 301 of this Act, "(D) sections 301 and 312 of the Comprehensive Alcohol Abuse and Alcoholism, Prevention, Treatment, and Rehabilitation Act of 1970, and "(E) sections 409 and 410 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, bore to the total amount provided or allotted for such fiscal year by the Secretary to the State and entities (including Indian tribes and tribal organizations) in the State under such provisions of law. "(3) The amount reserved by the Secretary on the basis of a determination under this subsection shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made. "(4) In order for an Indian tribe or tribal organization to be eligible for a grant for a fiscal year under this subsection, it shall submit to the Secretary a plan for such fiscal year which meets such criteria as the Secretary may prescribe. "(5) The terms 'Indian tribe' and 'tribal organization' have the same meaning given such terms in section 40b) and section 4(c) of the Indian Self-Determination and Education Assistance Act.". (b)(1) The Secretary of Health and Human Services shall enter into an agreement with a nongovernmental entity to review the allotment of funds to the States under part B of title XIX of the Public Health Service Act for the purpose of determining whether a formula for the allotment of funds under such part can be devised which is more equitable than the formula specified in section 1913 of such Act. In conducting such review, such entity shall consider— (A) the financial resources of the various States; (B) the populations of the States; (C) any relevant conditions or circumstances which have changed since the date of enactment of such part B; and (D) any other factor which the Secretary may consider appropriate. (2) In conducting the review required by paragraph (1), such entity shall consult with appropriate representatives of State and local governments. (3) By October 1, 1986, the Secretary shall prepare and transmit to the Congress a report concerning the review conducted under paragraph (1) which includes such recommendations as the Secretary considers appropriate. SEC. 103. (a) Section 1915(c)(6) (42 U.S.C. 300x-4(c)(6)) is amended by striking out subparagraphs (B) and (C) and inserting in lieu thereof the following: "(B) The State agrees to use 75 percent of the funds allotted to it under section 1913 for fiscal years beginning after fiscal year 1984 for the mental health and alcohol and drug abuse activities prescribed by section 1915(a) as prescribed by subparagraph (A).". (b) Section 1915(c) is amended— (1) in paragraph (2) by striking out "fiscal years 1982, 1983, and 1984" and inserting in lieu thereof "fiscal years 1985, 1986, and 1987"; and

42 USC 2681 note. 42 USC 940i 49 USC 241 42 USC 4571, 4578. 21 USC 1176 "ote, 1177.

25 USC 450b. 42 USC 300x-ia note. 42 USC 300x. 42 USC 300x-2.

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Post, p. 2359.