---
kind: "section"
citation: "42 U.S.C. § 300w–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300w–1"
heading: "Allotments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300w-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part A — Preventive Health and Health Services Block Grants"
---

# §300w–1. Allotments

- (a) **Availability based upon prior year distributions—**
  - (1) From the amounts appropriated under [section 300w of this title](/usc/42/300w.md) for any fiscal year and available for allotment under this subsection, the [Secretary](/usc/42/201.md?p=c) shall allot to each [State](/usc/42/201.md?p=f) an amount which bears the same ratio to the available amounts for that fiscal year as the amounts provided by the [Secretary](/usc/42/201.md?p=c) under the provisions of law listed in [paragraph (2)](#a-2) to the [State](/usc/42/201.md?p=f) and entities in the [State](/usc/42/201.md?p=f) for fiscal year 1981 bore to the total amount appropriated for such provisions of law for fiscal year 1981.
  - (2) The provisions of law referred to in [paragraph (1)](#a-1) are the following provisions of law as in effect on September 30, 1981:
    - (A) The authority for grants under [section 247b of this title](/usc/42/247b.md) for preventive health [service](/usc/42/201.md?p=a) [programs](/usc/42/274l–1.md?p=4) for the control of rodents.
    - (B) The authority for grants under [section 247b of this title](/usc/42/247b.md) for establishing and maintaining community and [school](/usc/42/300j–21.md?p=6)-based fluoridation [programs](/usc/42/274l–1.md?p=4).
    - (C) The authority for grants under [section 247b of this title](/usc/42/247b.md) for preventive health [service](/usc/42/201.md?p=a) [programs](/usc/42/274l–1.md?p=4) for hypertension.
    - (D) [Sections 247b–1](/usc/42/247b–1.md)[^1] and [247b–2](/usc/42/247b–2.md) of this title.
    - (E) [Section 246(d)](/usc/42/246.md)[^1] of this title.
    - (F) [Section 255(a)](/usc/42/255.md?p=a)[^1] of this title.
    - (G) Sections 300d–1,[^1] 300d–2,[^1] and 300d–3[^1] of this title.
- (b) **Population—** From the amount required to be made available under [section 300w(b) of this title](/usc/42/300w.md?p=b) for allotments under this subsection for any fiscal year, the [Secretary](/usc/42/201.md?p=c) shall make allotments to each [State](/usc/42/201.md?p=f) on the basis of the population of the [State](/usc/42/201.md?p=f).
- (c) **Distribution of appropriated funds not allotted—** To the extent that all the funds appropriated under [section 300w of this title](/usc/42/300w.md) for a fiscal year and available for allotment in such fiscal year are not otherwise allotted to [States](/usc/42/201.md?p=f) because—
  - (1) one or more [States](/usc/42/201.md?p=f) have not submitted an application or description of activities in accordance with [section 300w–4 of this title](/usc/42/300w–4.md) for the fiscal year;
  - (2) one or more [States](/usc/42/201.md?p=f) have notified the [Secretary](/usc/42/201.md?p=c) that they do not intend to use the full amount of their allotment; or
  - (3) some [State](/usc/42/201.md?p=f) allotments are offset or repaid under [section 300w–5(b)(3) of this title](/usc/42/300w–5.md?p=b-3);

  such excess shall be allotted among each of the remaining [States](/usc/42/201.md?p=f) in proportion to the amount otherwise allotted to such [States](/usc/42/201.md?p=f) for the fiscal year without regard to this subsection.

- (d) **Distributions to Indian tribes—**
  - (1) If the [Secretary](/usc/42/201.md?p=c)—
    - (A) receives a request from the governing body of an Indian tribe or tribal organization within any [State](/usc/42/201.md?p=f) that funds under this part be provided directly by the [Secretary](/usc/42/201.md?p=c) to such tribe or organization, and
    - (B) determines that the members of such tribe or tribal organization would be better served by means of grants made directly by the [Secretary](/usc/42/201.md?p=c) under this part,

    the [Secretary](/usc/42/201.md?p=c) shall reserve from amounts which would otherwise be allotted to such [State](/usc/42/201.md?p=f) under [subsection (a)](#a) for the fiscal year the amount determined under [paragraph (2)](#d-2).

  - (2) The [Secretary](/usc/42/201.md?p=c) shall reserve for the purpose of [paragraph (1)](#d-1) from amounts that would otherwise be allotted to such [State](/usc/42/201.md?p=f) under [subsection (a)](#a) an amount equal to the amount which bears the same ratio to the [State](/usc/42/201.md?p=f)’s allotment for the fiscal year involved as the total amount provided or allotted for fiscal year 1981 by the [Secretary](/usc/42/201.md?p=c) to such tribe or tribal organization under the provisions of law referred to in [subsection (a)](#a) bore to the total amount provided or allotted for such fiscal year by the [Secretary](/usc/42/201.md?p=c) to the [State](/usc/42/201.md?p=f) and entities (including Indian tribes and tribal organizations) in the [State](/usc/42/201.md?p=f) under such provisions of law.
  - (3) The amount reserved by the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) a plan for such fiscal year which meets such criteria as the [Secretary](/usc/42/201.md?p=c) may prescribe.
  - (5) The terms “Indian tribe” and “tribal organization” have the same meaning given such terms in [section 5304(b)](/usc/42/5304.md?p=b) and (c)[^1] of title 25.
- (e) **Report on equitable distribution of available funds—** The [Secretary](/usc/42/201.md?p=c) shall conduct a study for the purpose of devising a formula for the equitable distribution of funds available for allotment to the [States](/usc/42/201.md?p=f) under this section. In conducting the study, the [Secretary](/usc/42/201.md?p=c) shall take into account—
  - (1) the financial resources of the various [States](/usc/42/201.md?p=f),
  - (2) the populations of the [States](/usc/42/201.md?p=f), and
  - (3) any other factor which the [Secretary](/usc/42/201.md?p=c) may consider appropriate.

  Before June 30, 1982, the [Secretary](/usc/42/201.md?p=c) shall submit a report to the Congress respecting the development of a formula and make such recommendations as the [Secretary](/usc/42/201.md?p=c) may deem appropriate in order to ensure the most equitable distribution of funds under allotments under this section.


## Footnotes

[^1]: See References in Text note below.

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1902, as added Pub. L. 97–35, title IX, § 901, Aug. 13, 1981, 95 Stat. 535.)

## Notes

### Editorial Notes

### References in Text

Section 247b–1 of this title, referred to in subsec. (a)(2)(D), was in the original a reference to section 401 of the Health Services and Centers Amendments of 1978, Pub. L. 95–626, which was repealed effective Oct. 1, 1981, by Pub. L. 97–35, title IX, § 902(a), (h), Aug. 13, 1981, 95 Stat. 559, 561. Pub. L. 100–572, § 3, Oct. 31, 1988, 102 Stat. 2887, enacted section 317A of act July 1, 1944, which is classified to section 247b–1 of this title.

Section 247b–2 of this title, referred to in subsec. (a)(2)(D), was repealed effective Oct. 1, 1981, by Pub. L. 97–35, title IX, § 902(a), (h), Aug. 13, 1981, 95 Stat. 559, 561.

Section 246(d) of this title, referred to in subsec. (a)(2)(E), was repealed effective Oct. 1, 1981, by Pub. L. 97–35, title IX, § 902(b), (h), Aug. 13, 1981, 95 Stat. 559, 561.

Section 255 of this title, referred to in subsec. (a)(2)(F), was in the original a reference to section 339 of act July 1, 1944, which was repealed effective Oct. 1, 1981, by Pub. L. 97–35, title IX, § 902(b), (h), Aug. 13, 1981, 95 Stat. 559, 561. Pub. L. 97–414, § 6(a), Jan. 4, 1983, 96 Stat. 2057, added a new section 339 of act July 1, 1944, which is classified to section 255 of this title.

Sections 300d–1, 300d–2, and 300d–3 of this title, referred to in subsec. (a)(2)(G), were in the original references to sections 1202, 1203, and 1204, respectively, of act July 1, 1944, which were repealed effective Oct. 1, 1981, by Pub. L. 97–35, title IX, § 902(d)(1), (h), Aug. 13, 1981, 95 Stat. 560, 561. Pub. L. 101–590, § 3, Nov. 16, 1990, 104 Stat. 2916–2918, enacted new sections 1202, 1203, and 1204 of act July 1, 1944, which were classified to sections 300d–1, 300d–2, and 300d–3, respectively, of this title. Pub. L. 103–183, title VI, § 601(b), Dec. 14, 1983, 107 Stat. 2238, repealed section 1202 and renumbered sections 1203 and 1204 as 1202 and 1203, respectively. Pub. L. 110–23, §§ 3, 5, May 3, 2007, 121 Stat. 90, 91, repealed section 1202, renumbered section 1203 as 1202, and enacted new section 1203 of act July 1, 1944, which is classified to section 300d–5 of this title.

Section 5304 of title 25, referred to in subsec. (d)(5), has been amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1981, see section 901 of Pub. L. 97–35, set out in part as a note under section 300w of this title.