1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
Sec. 351c - Allotments to States and Indian tribes

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§351c. Allotments to States and Indian tribes (a) Minimum allotments; population basis for distribution of remaining funds

(1) From the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot the minimum allotment, as determined under paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the manner set forth in paragraph (2) of this subsection.

(2) From the remainder of any sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot to each State such part of such remainder as the population of the State bears to the population of all the States.

(3) For the purposes of this subsection, the “minimum allotment” shall be—

(A) with respect to appropriations for the purposes of subchapter I of this chapter, 0,000 for each State, except that it shall be ,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau 1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48);

(B) with respect to appropriations for the purposes of subchapter II of this chapter, 0,000 for each State, except that it shall be ,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau 1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48); and

(C) with respect to appropriations for the purposes of subchapter III of this chapter, ,000 for each State, except that it shall be ,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau 1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).

If the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year are insufficient to fully satisfy the aggregate of the minimum allotments for that purpose, each of such minimum allotments shall be reduced ratably.

(4) The population of each State and of all the States shall be determined by the Secretary on the basis of the most recent satisfactory data available to him.

(b) Reallotment of funds

The amount of any State's allotment under subsection (a) of this section for any fiscal year from any appropriation made pursuant to clause (1), (2), or (3) 2 of section 351b(a) of this title which the Secretary deems will not be required for the period and the purpose for which such allotment is available for carrying out the State's annual program shall be available for reallotment from time to time on such dates during such year as the Secretary shall fix. Such amount shall be available for reallotment to other States in proportion to the original allotments for such year to such States under subsection (a) of this section but with such proportionate amount for any of such other State being reduced to the extent that it exceeds the amount which the Secretary estimates the State needs and will be able to use for such period of time for which the original allotments were made and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection for any fiscal year shall be deemed to be a part of its allotment for such year pursuant to subsection (a) of this section.

(c) Indian tribes

(1) From one-half of the sums available pursuant to the second sentence of section 351b(a) of this title for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe that submits an approved application under section 363 of this title.

(2) From the remaining one-half of the sums available pursuant to such second sentence, the Secretary shall make allocations to Indian tribes that (A) are receiving an allocation under paragraph (1) of this subsection for such fiscal year; and (B) have submitted approved applications under section 364 of this title.

(3) In making allocations under paragraph (2)—

(A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian; and

(B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 362(b) of this title.

(4) In making allocations under this subsection, the Secretary shall take such actions as may be necessary to prevent an allocation from being received to serve the same population by any 2 or more of the following entities (as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.]): an Alaskan native village, a regional corporation, or a village corporation.

(d) Organizations serving and representing Hawaiian natives

(1) From the sums available pursuant to the last sentence of section 351b(a) of this title for any fiscal year, the Secretary shall make grants to organizations primarily serving and representing Hawaiian natives that are recognized by the Governor of the State of Hawaii.

(2) Grants under this subsection shall be made on the basis of applications and plans submitted by such organizations that are consistent with the requirements imposed pursuant to sections 362(b), 363, and 364 of this title. Funds made available by grants under this subsection may be used for the purposes specified in clauses (1) through (8) of section 362(a) of this title, to contract to provide public library services to Native Hawaiians, and to carry out any other activities authorized under this sentence by contract. Section 362(c) of this title shall apply with respect to the cultural materials of Hawaiian natives. The Secretary shall issue criteria for the approval of applications and plans but the criteria may not include an allotment formula and may not contain a matching of funds requirement.

(June 19, 1956, ch. 407, §5, as added Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93–29, title VIII, §801(c), 87 Stat. 58; Oct. 17, 1984, Pub. L. 98–480, title I, §§103(b)(1), 105, 98 Stat. 2237, 2238; Nov. 22, 1985, Pub. L. 99–159, title III, §302(a), 99 Stat. 902; Mar. 15, 1990, Pub. L. 101–254, §§4(a), 22(b), 104 Stat. 102, 107; July 25, 1991, Pub. L. 102–73, title VIII, §802(e)(2), 105 Stat. 361.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (a)(3), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Alaskan Native Claims Settlement Act, referred to in subsec. (c)(4), probably means the Alaska Native Claims Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Codification

Another section 801(c) of Pub. L. 93–29 amended section 351d(a) of this title. See 1973 Amendment note set out under section 351d of this title.

Amendments

1991—Subsec. (a)(3)(A) to (C). Pub. L. 102–73 substituted “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “and the Trust Territory of the Pacific Islands”.

1990—Subsec. (a)(5). Pub. L. 101–254, §22(b), struck out par. (5) which authorized appropriation of funds directly or by grants or contracts for evaluation of programs authorized by this chapter.

Subsec. (c). Pub. L. 101–254, §4(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

“(1) From the sums available pursuant to the second sentence of section 351b(a) of this title for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe. Grants from such allotted amounts shall be made to Indian tribes which have submitted approved applications under section 363 of this title.

“(2) Any allotted funds for which an Indian tribe does not apply, or applies but does not qualify, shall be reallocated by the Secretary among Indian tribes which have submitted approved plans under section 364 of this title. In making such allocations (A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian, and (B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 362(b) of this title.”

1985—Subsec. (d)(2). Pub. L. 99–159 inserted reference to section 362(b) of this title, inserted provisions respecting the use of funds for public library services and for other contracted activities, and inserted provisions requiring issuance of criteria for approval of applications and plans.

1984—Subsec. (a)(1). Pub. L. 98–480, §§103(b)(1), 105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner”.

Subsec. (a)(2). Pub. L. 98–480, §§103(b)(1), 105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner”.

Subsec. (a)(3). Pub. L. 98–480, §105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” in last sentence.

Subsec. (a)(3)(A) to (C). Pub. L. 98–480, §105(3), inserted “the Northern Mariana Islands,” after “the Virgin Islands,”.

Subsec. (a)(3)(D). Pub. L. 98–480, §105(4), struck out subpar. (D) which provided for a minimum allotment of ,000 for each State, except that such allotment would be ,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, with respect to appropriations for the purposes of subchapter IV of this chapter.

Subsec. (a)(4). Pub. L. 98–480, §103(b)(1), substituted “Secretary” for “Commissioner”.

Subsec. (b). Pub. L. 98–480, §105(5), which directed that subsec. (b) be amended by substituting “clause (1), (2), or (3)” for “paragraph (1), (2), or (3)” was executed by substituting “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” as the probable intent of Congress.

Pub. L. 98–480, §103(b)(1), substituted “Secretary” for “Commissioner” in three places.

Subsecs. (c), (d). Pub. L. 98–480, §105(6), added subsecs. (c) and (d).

1973—Subsec. (a). Pub. L. 93–29, §801(c)(1)–(4), inserted reference to par. (4) of section 351b(a) of this title in pars. (1), (2), and (3)(last sentence), and added subpar. (D) to par. (3).

Subsec. (b). Pub. L. 93–29, §801(c)(5), inserted reference to par. (4) of section 351b(a) of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–254 effective Oct. 1, 1990, see section 25 of Pub. L. 101–254, set out as a note under section 351a of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–29 effective after June 30, 1973, see section 801(e) of Pub. L. 93–29, set out as an Effective Date note under section 351b of this title.

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91–600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351b, 351d, 351e, 353, 355b, 355e–1, 361, 363, 364 of this title.

1 So in original. Probably should be preceded by “and”.

2 See 1984 Amendment note below.