definitions

definitions Sec. 401. For purposes of this Act— (a) The term “State” includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia. (b) The term “facility for the mentally retarded” means a facility specially designed for the diagnosis, treatment, education, training, or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded. (c) The term “community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated. (d) The terms “nonprofit facility for the mentally retarded”, “nonprofit community mental health center”, and “nonprofit private institution of higher learning” mean, respectively, a facility for the mentally retarded, a community mental health center, and an institution of higher learning which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and the term “nonprofit private agency or organization” means an agency or organization which is such a corporation or association or which is owned and operated by one or more of such corporations or associations. (e) The term “construction” includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities); including architect’s fees, but excluding the cost of offsite improvements and the cost of the acquisition of land. (f) The term “cost of construction” means the amount found by the Secretary to be necessary for the construction of a project. (g) The term “title”, when used with reference to a site for a project, 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 construction and operation of the project. (h) The term “Federal share” with respect to any project means— (1) if the State plan under which application for such project is filed contains, as of the date of approval of the project application, standards approved by the Secretary pursuant to section 402 the amount determined in accordance with such standards by the State agency designated under such plan; or (2) if the State plan does not contain such standards, the amount (not less than 33% per centum and not more than either 66% per centum or the State’s Federal percentage, whichever is the lower) established by such State agency for all projects in the State: Provided, That prior to the approval of the first such project in the State during any fiscal year such State agency shall give to the Secretary written notification of the Federal share established under this paragraph for such projects in such State to be approved by the Secretary during such fiscal year, and the Federal share for such projects in such State approved during such fiscal year shall not be changed after such approval. 77 Stat. 297 (i) The Federal percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that the Federal percentage for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66% per centum. (j) (1) The Federal percentages shall be promulgated by the Secretary between July 1 and August 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation; except that the Secretary shall promulgate such percentages as soon as possible after the enactment of this Act, which promulgation shall be conclusive for the fiscal year ending June 30, 1965. (2) The term “United States” means (but only for purposes of this subsection and subsection (i)) the fifty States and the District of Columbia. (k) The term “Secretary” means the Secretary of Health, Education, and Welfare.