The chief executive officer of a State, in order to be eligible for grants from an allotment under section 12337, 12338, or 12339 [1] of this title for any fiscal year, shall prepare and submit to the Commissioner a State plan for a 3-year period.

Each chief executive officer of a State may make annual revisions of the State plan referred to in subsection (a).

The chief executive officer of a State shall include within the State plan of that State assurances as required under sections [2] 12337, 12338, or 12339 1 of this title, and a description of the proposed multi-year plans of the State for program development and implementation.

A State may apply for funds under one or more of the following categories:

(1) section 12337 of this title;

(2) sections 12337 and 12338 of this title jointly; or

(3) section 12339 1 of this title.

The Commissioner shall approve any State plan under sections 12337 and 12338 of this title that the Commissioner determines meets the requirements of such sections.

(1) In general The Commissioner shall approve any State plan under sections 12337 and 12338 of this title that the Commissioner determines meets the requirements of such sections.

(2) Notice and opportunity to correct deficiencies The Commissioner shall not make a final determination disapproving any State plan, modifying such plan, or declaring a State to be ineligible to receive funds under sections 12337 and 12338 of this title without previously affording such State reasonable notice and opportunity to correct deficiencies in its application.

(Pub. L. 101–501, title IX, § 929, Nov. 3, 1990, 104 Stat. 1270.)