; (ii) shall not have to meet the eligible criteria in section 3401(b); and (iii) shall not have to establish a planning council under section 3402. (3) Amount of grant to tribal governments (A) Indian tribes In this section, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act. (B) Formula grants The Secretary, acting through the Indian Health Service, shall use 10 percent of the amount available under section 3406 for each fiscal year to provide formula grants to Indian tribes disproportionately affected by substance use, in an amount determined pursuant to a formula and eligibility criteria developed by the Secretary in consultation with Indian tribes, for the purposes of addressing substance use. (C) Use of amounts Notwithstanding any requirements in this section, an Indian tribe may use amounts provided under grants awarded under this paragraph for the uses identified in subsection (b) and any other activities determined appropriate by the Secretary, in consultation with Indian tribes. (b) Use of amounts (1) Requirements The Secretary may not make a grant under section 3401 to an eligible local area unless the chief elected official of the area agrees that— (A) the allocation of funds and services within the area under the grant will be made in accordance with the priorities established by the substance use disorder treatment services planning council; and (B) funds provided under this grant will be expended for— (i) prevention services described in paragraph (3); (ii) core medical services described in paragraph (4); (iii) recovery and support services described in paragraph (5); (iv) early intervention and engagement services described in paragraph (6); (v) harm reduction services described in paragraph (7); (vi) financial assistance with health insurance described in paragraph (8)