Page:United States Statutes at Large Volume 89.djvu/384

 89 STAT. 324

Post, p. 329.

5 USC app. II.

Ante, p. 319. Hearing. "Title."

Post, p. 330.

Hearing.

42 USC 2688, 2688g, 2688h, 2688k, 2688n-l, 2688r, 2688u.

PUBLIC LAW 94-63—JULY 29, 1975 " (2) plans and specifications therefor in accordance with the regulations prescribed by the Secretary under section 236; " (3) except in the case of a leasing project, reasonable assurance that title to such site is or will be vested in one or more of the agencies filing the application or in a public or nonprofit private agency which is to operate the community mental health center; " (4) reasonable assurance that adequate financial support will be available for the project and for its maintenance and operation when completed; " (5) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a construction or remodeling project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a—276a-5, known as the Davis-Bacon Act), and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization P l a n Numbered 14 of 1950 (15 F. R. 3176; 5 U.S.C. A p p e n d i x) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); " (6) a certification by the State agency of the Federal share for the project; and " (7) the assurances described in section 206(c)(2). E a c h applicant shall be afforded an opportunity for a hearing before the State agency respecting its application. For purposes of paragraph (3), the term 'title' means a fee simple or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Secretary finds sufficient to assure for a period of not less than fifty years undisturbed use and possession for the purposes of acquisition, remodeling, construction, or expansion of a facility and its operation. " (b) The Secretary shall approve an application submitted in accordance wnth subsection (a) if— " (1) sufficient funds to pay the Federal share for the project for which the application was submitted are available from the allotment to the State; " (2) the Secretary finds that the application meets the applicable requirements of subsection (a) and the community mental health center for which the application was submitted will meet the requirements of the State plan (under section 237) of the State in which the project is located; and " (3) the Secretary finds that the application has been approved and recommended by the State agency and is entitled to priority over other projects within the State, as determined under the State plan. No application shall be disapproved by the Secretary until he has afforded the State agency an opportunity for a hearing. The Secretary may not approve an application under this part for a project for a facility for a community mental health center or other entity which received a g r a n t under section 220, 242, 243, 251, 256, 264, or 271 of this title (as in effect before the date of the enactment of the Community Mental Health Centers Amendments of 1975) from appropriations for a fiscal year ending before July 1, 1975, unless the Secretary determines that the application is for a project for a center or entity which upon completion of such project will be able to significantly expand its services and which demonstrates exceptional financial need

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