106 STAT. 350 PUBLIC LAW 102-321—JULY 10, 1992 entered into such a participation agreement and is qualified to receive such pa3niients. "(B)(i) In the case of an organization making an agreement under subparagraph (A)(ii) regarding the provision of services under subsection (a), the requirement estabhshed in such subparagraph regarding a peirticipation agreement shall be waived by the Secretary if the organization does not, in providing health or mental health services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program. "(ii) A determination by the Secretary of whether an organization referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the organization accepts volxintary donations regarding the provision of services to the public. "(3) CERTAIN CONSIDERATIONS.— In making grants under subsection (a), the Secretary shall— "(A) equitably allocate such assistance among the principal geographic regions of the United States; "(B) consider the extent to which the public entity involved has a need for the grant; and "(C) in the case of any public entity that is a political subdivision of a State or that is an Indian tribe or tribal organization— "(i) shall consider any comments regarding the application of the entity for such a grant that are received by the Secretary from the State in which the entity is located; and "(ii) shall give special consideration to the entity if the State agrees to provide a portion of the non- Federal contributions required in subsection (c) regarding such a grant. "(c) MATCHING FUNDS. — "(1) IN GENERAL.—^A funding agreement for a grant under subsection (a) is that the public entity involved will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that^ "(A) for the first fiscal year for which the entity receives payments from a grant under such subsection, is not less than $1 for each $3 of Federal funds provided in the grant; "(B) for any second or third such fiscal year, is not less than $1 for each $3 of Federal funds provided in the grant; "(C) for any fourth such fiscal year, is not less than $1 for each $1 of Federal funds provided in the grant; and "(D) for any fifth such fiscal year, is not less than $2 for each $1 of Federal funds provided in the grant. "(2) DETERMINATION OF AMOUNT CONTRIBUTED.— "(A) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including
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