PUBLIC LAW 91-517-OCT. 30, 1970
1324
[84 STAT.
services which may be provided under a State plan approved under this part, and the categories of persons for whom such services may be provided; "(b) sta,ndards as to the scope and quality of services provided for persons with developmental disabilities under a State plan approved under this part; "(c) the general manner in which a State, in carrying out its State plan approved under this part, shall determine priorities for services ajid facilities based on type of service, categories of persons to be served, and type of disability, with special consideration being given to the needs for such services and facilities in areas of urban and rural poverty; and "(d) general standards of construction and equipment for facilities of different classes and in different types of location. After appointment of the Council, regulations and revisions therein shall be promulgated by the Secretary only after consultation with Council. "NONDUPLICATION
Ante, p. 54>
77 Stat, 296. " F a c i l i t y for persons with developmental d i s abilities."
Ante,
p. 5 5.
"SEC. 140. (a) In determining the amount of any payment for the construction of any facility under a State plaoi approved under this part, there shall be disregarded (1) any portion of the costs of such construction which are financed by Federal funds provided under any provision of law other than this part, and (2) the amount of a,ny nonFederal funds required to be expended as a condition of receipt of such Federal funds. "(b) In determining the amount of any State's Federal share of expenditures for planning, administration, ajid services incurred by it under a State plan approved under this part, there shall be disregarded (1) any portion of such expenditures which are financed by Federal funds provided under any provision of law other than this paa:i:, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds." SEC. 102. (a) Section 401 of the Mental Eetardation Facilities and Community Mental Health Centers Construction Act of 1963, as amended (42 U.S.C. 2691), is amended by— (1) striking out "; for purposes of this title and title II only, includes the Trust Territory of the Pacific Islands" in subsection (a,) and inserting "the Trust Territory of the Pacific Islands," after "Virgin Islands,"; (2) striking out subsection (b) and inserting in lieu thereof the following: " (b) The term 'facility for persons with developmental disabilities' means a facility, or a specified portion of a facility, designed primarily for the delivery of one or more services to persons wim one or more developmental disabilities."; (3) striking out the words "the mentally retarded" wherever they occur in subsection (d) and inserting the words "persons with developmental disabilities" in lieu thereof; (4) amending the first sentence of subsection (h)(2) to read as follows: "The Federal share with respect to any project in the State shall be the amount determined by the appropriate State agency designated in the State plan, but, except as provided in paragraph (3), the Federal share (A) for any project under part C of title I may not exceed 66% per centum of the costs of construction of such project; and (B) for any project under part A of title II may not exceed 66% per centum of the costs of construction of such project or the State's Federal percentage, whichever is the lower."; and
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