Page:United States Statutes at Large Volume 112 Part 2.djvu/341

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1225 of such sums shall be increased to the greater of the two amounts. "(2) CERTAIN TERRITORIES.— "(A) IN GENERAL. —For the purposes of paragraph (1)(C), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. "(B) ALLOTMENT.— Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not less than Vs of 1 percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made. "(3) ADJUSTMENT FOR INFLATION.— For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the Commissioner shall increase the minimum allotment under paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this part between the preceding fiscal year and the fiscal year involved. (b) PROPORTIONAL REDUCTION.— To provide allotments to States in accordance with subsection (a)(1)(B), to provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(l)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a)(1)(B). "(c) REALLOTMENT. — Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. 'SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS. 29 USC 796e-L "(a) PAYMENTS. —From the allotment of each State for a fiscal year under section 711, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 706. Such payments may be made (after necessary adjustments on account of previously made overpay- ments or underpayments) in advance or by way of reimbursement, and in such instsdlments and on such conditions as the Commissioner may determine. "(b) FEDERAL SHARE. — "(1) IN GENERAL.— The Federal share with respect to any State for any fiscal year shall be 90 percent of the expenditures incurred by the State during such year under its State plan approved under section 706.

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