ning of the period for which support is sought;

(d) Information which the Secretary finds necessary to determine if the catchment area with respect to which the grant is sought is an urban or rural poverty area;

(e) Information sufficient to determine whether there is a reasonable assurance of adequate financial support for the operation of the applicant when assistance under part A of the Act is reduced or no longer available;

(f) A description of the membership of the applicant's governing body sufficient to enable the Secretary to determine its compliance with section 201(c)(1)(A) of the Act, or a description of the membership of its advisory committee sufficient to enable the Secretary to determine its compliance with section 201(c)(1)(B) of the Act, whichever is applicable;

(g) A description of the procedure for developing, compiling, evaluating, and reporting statistics and other data to be followed in carrying out assurances given under section 206(c)(1)(A) of the Act;

(h) A long-range plan for the expansion of the program as required by the last 2 sentences of section 206(c)(1) of the Act (1) which covers a period of at least 5 years, beginning with the year for which the applicant's first grant under section 203 of the Act is made, or the number of years for which grants may be made to the applicant under the section of the Act under which the application is filed, whichever is longer, (2) which includes, at least for the first 2 such years, demographic and other data supporting its estimates of increased demand during that period, and (3) which devotes particular attention to increasing the asessibility of the services provided;

(i) In the case of any applicant requesting the Secretary to grant the waiver permitted under section 206(c)(3) of the Act, a description of the actions it will undertake, during the period for which its first grant under section 203 of the Act is made, so as to meet the requirements of section 206(c) (1) and (2) by the end of that period;

(j) Except to the extent otherwise permitted under section 206(c)(3) of

the Act, information regarding (1) the number and proportion of persons in the catchment area of the applicant who are of limited English-speaking ability, (2) the procedures to be followed so as to make the applicant's program responsive to the needs of those persons, including descriptions of arrangements made for providing services to those persons, and (3) how the staff member or members who are fluent in both English and the primary language or languages of those persons will be identified and will perform their functions under section 206(c)(1)(D) of the Act; except that, if the number of members of the area's population of limited English-speaking ability who have the same primary language is less than 2,500, the requirement under section 206(c)(1)(D) to have bilingual staff will be waived with respect to that portion of the population with that primary language but only if the applicant demonstrates to the satisfaction of the Secretary that adequate arrangements have been made to assure availability of services for that portion of the population;

(k) In the case of any services not provided by staff of the applicant (but for the provision of which the applicant is responsible under the Act), information on (1) the arrangements made to provide those services, including descriptions of existing or proposed contracts with the organizations, agencies, and persons providing the services and a description of the proposed disposition of income from the provision of the services, and (2) the organizational relationship to and responsibility for the services of the applicant's governing body (or advisory committee), director, and staff members assigned under paragraph (b)(2) of this section;

(1) Assurances that the applicant will, to the extent of its financial ability to do so, make its services available to those unable to pay therefor, as well as documentation of its experience in this regard in the 2 years preceding the period for which the grant is requested;

(m) A description of the procedures to be followed in the case of any medical emergencies arising during the ex

amination or treatment of any patients of the applicant, including the transportation and other arrangements made for the use of other facilities for this purpose and the location of those facilities if the facilities of the applicant (or its satellite centers) are not adequate or readily available for this purpose; and

(n) Other information which the Secretary finds necessary to carry out the purposes of the Act.

(0) With respect to the requirements of this section, an application for a grant under section 203(e) of the Act for the continuation of a children's staffing grant initially awarded under section 271 of the Act (as in effect before July 29, 1975) must contain or be accompanied by only the descriptions, assurances or other information listed in paragraphs (a)(1) (i) and (ii), (b)(2)(i), (e), (g), (j), (k), (1), (m), and (n) of this section.

[45 FR 48480, July 18, 1980, as amended at 46 FR 48596, Oct. 1, 1981]

Subpart D-Grants for Consultation and Education Services

§ 54.401 To whom does this subpart of the regulations apply?

This subpart applies to grants and applications for grants for consultation and education services of community mental health centers as authorized by section 1743 of the Omnibus Budget Reconciliation Act of 1981 during the October 1, 1981-October 1, 1982 period of transition to the alcohol and drug abuse and mental health services block grant authorized by section 1911-1920 of the Public Health Services Act.

[45 FR 48480, July 18, 1980, as amended at 46 FR 48596, Oct. 1, 1981]

§ 54.402 How is application made for grants for consultation and education services?

An application for a grant under section 204 of the Act will not be approved unless, in addition to meeting the requirements of § 54.106, it is submitted in the manner and detail prescribed by the Secretary and contains or is accompanied by—

(a) Evidence that a study was made of the needs of the catchment area for consultation and education services;

(b) Evidence showing that in conducting the study

(1) There was appropriate consultation with individuals, entities, and groups in the catchment area which are involved with mental health services, such as health professionals, schools, courts, State or local governments, law enforcement or correctional agencies, members of the clergy, public welfare agencies, and health services delivery agencies, as well as organizations representing groups such as industry, labor, and women or minority population groups, and other appropriate community agencies and organizations; and

(2) Appropriate account was taken of the assessment of service needs developed by the applicant in the course of its program planning and evaluation and the assessment of those needs developed by the State in preparing the State plan for purposes of section 237 of the Act;

(c) An analysis of the results of the study and a plan to meet the needs revealed by the study;

(d) Provision for an identifiable administrative unit (required under section 201(d)(4) of the Act) that

(1) Is responsible for directing, planning, and providing at least some of the consultation and education services, and (to the extent not provided by that unit) arranging for the provision of the balance of those services, and

(2) Includes at least one staff member assigned to the unit on a fulltime basis for, and qualified by training or experience for, directing and carrying out the responsibilities described in paragraph (d)(1) of this section (this person may also serve to meet the requirements of § 54.302 (b)(2)(iii) and (b)(3));

(e) A description of how the resources of the applicant will be used to help the various agencies, organizations, and individuals in the catchment area

(1) To improve the handling of rape victims through appropriate mental health and other medical services and social services, and

(2) To aid in the prevention of rape; and

(f) The information, material, or assurances required by § 54.302 (g), (j), and (1); and

(g) Other information which the Secretary finds necessary to carry out the purposes of the Act.

[45 FR 48480, July 18, 1980; 45 FR 49930, July 28, 1980]

Subpart F-Financial Distress Grants

§ 54.601 To whom does this subpart of the regulations apply?

This subpart applies to grants and applications for grants for financial distress of community mental health centers as authorized by section 1743 of the Omnibus Budget Reconciliation Act of 1981 during the October 1, 1981-October 1, 1982 period of transition to the alcohol and drug abuse and mental health services block grant authorized by sections 1911-1920 of the Public Health Service Act.

[45 FR 48480, July 18, 1980, as amended at 46 FR 48596, Oct. 1, 1981]

§ 54.602 Who is eligible to apply for a financial distress grant?

(a) An entity which files its application as required under paragraph (b) of this section is eligible for a financial distress grant under section 211 of the Act only if it shows to the satisfaction of the Secretary that—

(1) Without that grant for the year for which it is sought

(i) There will be a significant reduction in the types, level, or quality of the services it is or was providing at the time of filing the application for the grant or at any time during the most recent year (ending before that filing) in the period for which it received the grant or grants referred to in paragraph (a)(3) of this section, or

(ii) The entity will be unable to provide any one or more of the services described in section 201(b) of the Act even if it is not and was not providing these services at the times referred to in paragraph (a)(1)(i) of this section;

(2) The needs of the catchment area for the services referred to in paragraph (a)(1) of this section cannot be

met through other financial resources reasonably available to the entity; and (3) The entity

(i) Has received one or more operations grants under section 203(a) of the Act and is not eligible for further grants thereunder because of the expiration of the period for which those grants may be made, or

(ii) Did not receive an operations grant but did receive a staffing grant for compensation of personnel or its initial operation under section 220 of the Act as in effect before July 29, 1975 and is not eligible for a futher grant under that section (as continued in effect by section 203(e) of the Act) for such compensation of personnel for a fiscal year beginning after June 30, 1975 because of the expiration of the period for which those grants may be made.

(b) An entity is eligible for a financial distress grant under section 211 of the Act only if its application for its first grant under that section is

(1) Filed by the later of (i) November 1, 1980 or (ii) two years after the end of the period for which its final grant was made under section 203(a) or 203(e) of the Act (under which section 220 remains in effect), or

(2) Filed by November 1, 1980 in the case of an entity which has not received a grant under section 203 (a) or (e) for any period, but which did receive a grant or grants under section 220 of the Act for any period beginning before July 29, 1975.

§ 54.603 How is application made for a financial distress grant?

An application for a grant under section 211 of the Act will not be approved unless, in addition to meeting the requirements of § 54.106, it is submitted in the manner and detail prescribed by the Secretary, and contains or is accompanied by—

(a) Information as to the amount of funds received and reasonably expected from each source during the year for which the grant is requested and each of the three years preceding that year;

(b) Information as to the applicant's cost of operation for the same 3-year period, which also reflects the in

creases, decreases, changes in categories of, and other relevant changes in those costs;

(c) Information on the projected costs of operation of the applicant for the year for which the grant is sought, with an indication of the portion thereof attributable to each of the 5 services referred to in paragraph (b)(2) (i) through (v) of § 54.302 and with a justification therefor

(1) Explaining the allocation made to each of these 5 services in light of the needs identified under

§ 54.106(d)(3); and

(2) Including information as to total costs and costs related to each of the services referred to in paragraphs (b)(2) (i) through (v) of § 54.3021 (if any) during the two years most recently completed prior to the beginning of the period for which support is sought;

(d) Documentation of the efforts made by the applicant to develop or secure additional or alternative nonFederal sources of financing its costs of operation;

(e) Information as to the conditions or circumstances in the catchment area which may have contributed to the applicant's financial difficulties;

(f) Information on the results of studies and analyses conducted, at the request of the Secretary under section 212(a)(2) of the Act or otherwise, to determine the causes of the applicant's financial difficulties;

(g) Documentation of the operational and financial reforms undertaken, in progress, and planned by the applicant on the basis of the information obtained in the course of these studies and analyses or on the basis of other relevant information;

(h) Assurances satisfactory to the Secretary that the applicant will—

(1) Within one year after the end of the year for which the first grant under section 211 of the Act is made to it, meet the requirements of section 201 (c) and (d) of the Act with respect to the applicant's organization; and

(2) Within two years after the end of the year for which that first grant was

'EDITORIAL NOTE: Paragraphs (b)(2)(iv) and (v) of § 54.302 were removed at 46 FR 48596, Oct. 1, 1981.

made, provide the services described in section 201(b) of the Act, except that, if the applicant is eligible for a grant by reason of paragraph (a)(1)(i) of § 54.602, that two year period may, upon the request of the applicant showing good cause, be extended by the amount of time as the Secretary finds necessary to enable the applicant to provide the services;

(i)(1) Information on the plan the applicant has developed for providing the services described in section 201(b) of the Act and for meeting the requirements of section 201 (c) and (d) of the Act within the period prescribed in paragraph (h) of this section,

(2) Information on the periods within which various stages of progress toward completion or accomplishment of the plan will be attained, including the stage expected to be attained at the end of the year for which the grant is requested, and

(3) Assurances satisfactory to the Secretary that the applicant will periodically review and appropriately revise the plan;

(j) The information, material, or assurances required by § 54.302 (a), (b), (g), (j), (k), (1), and (m); and

(k) Other information which the Secretary finds necessary to carry out the purposes of the Act.

§ 54.604 For what purposes may a financial distress grant be used?

A grant under section 211 of the Act is available only to help defray the projected costs of operation (except those projected costs relating to the provision of consultation and education services) and only to the extent necessary to enable the grantee to prevent a significant reduction in the types, level, or quality of services it was providing at the time referred to in § 54.602(a)(1)(i) or to help carry out the assurances provided under § 54.603(h), or both, as the case may be.

Subpart G-Facilities Assistance [Reserved]

APPENDIX B-PRIOR REGULATIONS IMPOSING CONTINUING PROGRAMMATIC OBLIGATIONS UPON RECIPIENTS OF CONSTRUCTION AND STAFFING GRANTS

This appendix sets forth those provisions of Subpart C and Subpart D of 42 CFR Part 54 as they appeared prior to the revision of June 30, 1976 (41 FR 26906) which are applicable to, and impose continuing programmatic obligations upon, recipients of con