81
STAT.]
PUBLIC LAW 90-170-DEC. 4, 1967
529
for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter. "(c) I n making such grants, the Secretary shall take into account the relative needs of the several States for services for the mentally retarded, their relative financial needs, and their populations. "APPLICATIONS AND CONDITIONS FOR APPROVAL
"SEC. 142. (a) Grants under this part with respect to any facility for the mentally retarded may be made only upon application, and only if— "(1) the applicant is a public or nonprofit private agency or organization which owns or operates the facility; "(2)(A) a grant was made under part C of this title to assist Jj 5s^c 26^^in financing the construction of the facility or (B) the type of 2677. service to be provided as part of such program with the aid of a grant under this part was not previously being provided by the facility with respect to which such application is made; "(3) the Secretary determines that there is satisfactory assurance that Federal funds made available under this part for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds for mental retardation services that would in the absence of such Federal funds be made available for (or under) the program described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non-Federal funds; and "(4) in the case of an applicant in a State which has in existence a State plan relating to the provision of services for the mentally retarded, the services to be provided by the facility are consistent with the plan. " (b) No grant may be made under this part after June 30, 1972, with respect to any facility for the mentally retarded or with respect to any type of service provided by such a facility unless a grant with respect thereto was made under this part prior to July 1, 1970. "PAYMENTS
143. Payment of grants under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and on such terms and conditions and in such installments, as the Secretary may determine. "SEC'.
"REGULATIONS
"SEC. 144. The Secretar}- shall jjrescribe general regulations concerning the eligibility of facilities under this part, determination of eligible costs with respect to which grants may be made, and the terms and conditions (including those specified in section 142) for approving applications under this part. "AUTHORIZATION OF APPROPRIATIONS
"SEC. 145. There are authorized to be appropriated $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $14,000,000 for the fiscal year ending June 30, 1970, to enable the Secretary to make initial grants to facilities for the mentally retarded under the provisions of this part. For the fiscal year ending June 30, 1969, and each of the next five years, there are authorized to be appropriated such sums as may be necessary to make
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