If the red pus Bh I t 23 x x tax reRIT KE TEou facan appled a BE teenact and the ante veg assigned ach sich tasase.

@ Pista Comment ca ad Acsen to The Gate Fan The Bae pian of a State mal santan ke by (1) timen ad vie erlea bownga 1 the of a developnext nd TEST2 t to the by & rannacie o was afted a reened azca creazi tuxs vat individuals to present their rem and to evaness to the State acy on the croped plan, and (2)

$122.022 tanstastory to the Betretary tras Etter sa mitmiston to the Secretary, and zoormat by him, a reasonable opSarming at be afforded to interested agencies organizations, and individuals to commens to the Brate agency upon the administration of the plan proposed and any medication of the plan. The plan uur astication of the plan shall, The stated to the Secretary for approval, be accompanied by, or the State zam.cy tall facade in reports to the Becretary, 23 may be appropriate, (3) a cary di such views and comments and the account, if any, which was taken of auch views and comments, and (4) a description of the various places in the State, which must have been readily accessible to the public, at which the proposed plan or modification thereof was made available and of the various places (also readily accessible) in the State at which the plan, including any modifications, continues to be available.

(1) Compliance with statutory requirements. The State plan of a State shall contain or be accompanied by (in such manner and detail as the Secretary may provide):

(1) Evidence satisfactory to the Secretary that

(1) The plan complies with section 237(a)(2) (A) of the Act (relating to consistency of the plan with the mental health provisions of the State health plan prepared in accordance with section 1524(c) (2), or approved under section 314(a), of the Public Health Service Act);

(11) The program for community mental health centers set forth pursuant to section 237(a) (2) (B) of the Act

(A) Has been developed, insofar as a catchment area which is part of an inter

By Eat to the exact practicable, been excnmmeed vit I the planning of my mempita za nastate planting agencies to aciere consistency between the planning of community mental bealth centers and other health or social services planning, and I the planning for alecbolism or drug abuse treatment or rehabilitation programs;

(2) Information as to how the plan will comply with section 23 a 2 D) of the Act relating to emphasis on outpatiems services;

(3) Assurances satisfactory to the Secretary that the State advisory council designated pursuant to section 237 (a) (1) (A) of the Act

W meet as often as necessary to assure fulfillment of its function of consultation with the State agency, but not less often than once each 90 days, with the dates of the meetings and a summary of the recommendations and other actions of the council resulting from such meetings being included in appropriate reports made to the Secretary by the State agency pursuant to the Act and these regulations;

(H) Will be selected through a process, described in the plan, meeting the requirements of section 237(a)(1) (A) of the Act and assuring representation of consumers and minority groups which the Secretary determines to be adequate for purposes of the Act (and, for purposes of this clause and section 237(a) (1) (A) of the Act, an individual shall not by reason of membership on the governing board or advisory committee of a community mental health center he considered a provider); and

(iii) Will have a reasonable opportunity to review and comment on the State plan and any amendments thereof;

(4) Provision for determining the priority of projects in the State under part C of the Act in accordance with the relative need therefor, as determined under the State plan and this part 54; and

(5) Provision for adequate community mental health centers to furnish needed mental health services for people residing in the State, including adequate community mental health centers to furnish needed mental health services for persons unable to pay for them.

§ 54.105 Capacity and responsibility of State agency.

(a) The State plan required by § 54.104 must be accompanied by

(1) Evidence satisfactory to the Secretary that the State agency has the legal authority, and the capacity and capability, to carry out its functions under the State plan;

(2) Assurances satisfactory to the Secretary that

(i) The periodic review of catchment areas required by section 238 of the Act I will be made and information will be provided on how, and how often, such review will be made;

(ii) When the State agency submits comments pursuant to section 206(d) (or the last sentence of section 212(b)) of the Act on any application the State agency will at the same time or before send a copy of the comments to the applicant and to the appropriate Health Systems Agency or Agencies (designated pursuant to Title XV of the Public Health Service Act); and

(iii) The State agency will assist in identifying problems which community mental health centers in the State may have in meeting the requirements of section 206(c) (1) (I), (J), (K) (ii) (II), and (L) (i) of the Act and will, through working with other appropriate State agencies and otherwise, assist the centers in meeting such problems; and

(3) A description of how, and how often, the review referred to in paragraph (a) (2) (i) of this section will be made and of how the assistance referred to in paragraph (a) (2) (iii) of this section will be provided.

§ 54.106 Form and content of applications.

(a) Form and manner of submission. Each application for a grant under the Act shall be submitted in such form and manner and at such time or times as the Secretary may prescribe, and shall contain such information as the Secretary may find necessary for purposes of the Act or regulations.

(b) Incorporation by reference and simplified applications. To the extent permitted by, and subject to such conditions as may be prescribed by, the Secretary

(1) An application for a grant under any section of the Act may comply with any requirement of the Act or regulations relating to the content of that application or its accompanying material by incorporating by reference portions of the content of an application, or its accompanying material, for a grant filed by the same applicant under another section of the Act; and

(2) An application for a grant under any section of the Act may comply with any requirement of the Act or regulations relating to the content of that application or its accompanying material by indicating the changes in or additions to the content of an application, or its accompanying material, filed by the same applicant for an earlier grant under that section of the Act.

(c) Evidence of applicant's authority and capacity. Each application for a grant under the Act shall include such evidence as the Secretary may find necessary of the applicant's legal authority, and of its capacity and capability, to carry out the project, program, or activity for which the grant is requested.

(d) Information on catchment area, program objectives, and expected benefits. Each application for a grant under the Act shall contain or be accompanied by

(1) A narrative and statistical description of the population, geographical characteristics, and other general characteristics of the applicant's catchment area;

(2) The general objectives of the applicant's proposed program;

(3) A description of the need of the population of the area for the services to be provided under such program as indicated by the entity's assessment of that need and any other available data, including the needs of population groups having special needs with respect to such services and including the reasons for any differences between that description and the need or needs as reflected in (i) the State's plan approved under the Act, and (ii) appropriate portions of the plans approved by the State Health Coordinating Council (designated pursuant to title XV of the Public Health Service Act);

(4) The general results or benefits expected to be derived from the assistance provided by the grant requested by the applicant; and

(5) Evidence that the application and accompanying material have been submitted to the State agency and, as and to the extent directed by that agency, to any other State or local agency concerned with the project, program, or activity for which the grant is requested.

(e) Information on how amount of requested grant is determined. Each application for a grant under the Act shall contain or be accompanied by an explanation of how the applicant determined the amount of the grant requested, including an explanation of the portion thereof (if any) included to take account of underestimates of expenditures or overestimates of receipts of fees and other Federal, State,, local and other funds.

(f) Evidence of compliance with terms of prior grant. An application for a grant under the Act shall contain or be accompanied by documentation and other evidence necessary to enable the Secretary

(1) In the case of an applicant which received one or more grants under part A or B of the Act for a period which has ended, to determine whether the applicant met, with respect to the most recent grant (if there has been more than one) and in accordance with the section under which that grant was made, the applicable requirements of section 201 of the Act;

(2) In the case of an applicant which did not receive such a grant but did receive one or more grants for a period which has ended under any part of the Act (other than part A) as in effect before July 29, 1975, to determine whether the applicant met, with respect to the most recent such grant (if there has been more than one) and in accordance with the section or sections under which that grant was made, the requirements applicable to such grant under the Act (as so in effect);

(3) In the case of an applicant which I did not receive a grant referred to in paragraph (f) (1) or (2) of this section but did receive a grant under part C of the Act, or under part A of the Act as in effect before July 29, 1975, for a project completed at least a year before the filing of the application, to determine whether the applicant met, with respect to the grant for the most recent such project (if there has been more than

one), the requirements applicable to such most recently completed project under such part C or A; and

(4) In the case of an applicant which received a grant referred to in paragraph (f), (1), (2), or (3), of this section to determine whether the applicant complied with the assurances required to support the application for that grant.

(g) Evidence of compliance with Act and regulations. Each application for a grant under the Act shall also contain or be accompanied by (1) such information, evidence, documentation, and assurances, in addition to what is otherwise required by the Act and regulations, as may be necessary to enable the Secretary to determine that the applicant is, or will be, in compliance with applicable requirements of the Act and regulations, and (2) such information as to how the applicant plans to carry out any assurances required under the Act or regulations as the Secretary may find necessary for purposes of the Act.

The approval of an application for a grant under the Act is conditioned upon assurances satisfactory to the Secretary that the recipient will maintain such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal and nonFederal funds received for the project, program, or activity with respect to which the grant was made and will file with the Secretary such reports relating to receipt and expenditure of such funds as the Secretary finds necessary for the purposes of the Act and regulations.

§ 54.109 Applicability of 45 CFR part 74.

The provisions of 45 CFR part 74 (Administration of Grants) apply in the case of grants under the Act, except that

(1) Subpart N thereof applies to grantees, other than State or local governments (as defined in such part 74), only to the extent prescribed by the Secretary; and

(2) The provisions of such part 74 shall not prevent the inclusion, in the cost of operation of any program, project, or activity with respect to which such a grant is made, of any amounts which would otherwise be unallowable under such part 74 but

(i) Which are approved in advance by the Secretary—

(A) For a specified purpose or purposes (for which such amounts are used),

(B) As being reasonable for such program, project, or activity, and

(C) As being in accord with general principles of accounting;

(ii) Which comply with such other conditions as the Secretary may impose; and

(iii) Which in the aggregate do not exceed the total of the fees and funds, other than grants under the Act, received for such program, project, or activity.

Any grant under the Act is conditioned upon compliance by the grantee with such further terms, conditions, and requirements as the Secretary may find necessary for purposes of the section or sections under which the grant is made. Subpart B-Grants for Planning Community Mental Health Center Programs [Reserved]

Subpart C-Grants for Initial Operation or Staffing [Reserved]

Subpart D Grants for Consultation and Education Services [Reserved]

Subpart E-Conversion Grants [Reserved]
Subpart F-Financial Distress Grants
[Reserved]

Subpart G-Facilities Assistance
[Reserved]

thorized by part A of title III of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4571, et seq.).

[36 FR 24939, Dec. 24, 1971]

§ 54a.102 Allotments.

(a) Allotments to States. The allotments to the several States under part A of title III of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act shall be computed as follows:

(1) One-third weight on the basis of need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism, expressed by the relationship of the population in each State to the total population of all the States.

355h 101 Applicability.

The replators of this part apply only to gazte der section 459 of the Drag horse Ofce and Treatment Act of 1972 (38 Etat, 80, 21 CB.C. 1176) to assist the Brates to the preparation of plans for Jazz erabaking, conducting, and coordinating projects for the development of more effective drug abuse prevention functions in each State; in carrying out projects under and otherwise implementing such plans; in evaluating the results of such plans as implemented; and in paying the administrative expenses of carrying out such plana.

122 FR 4715, Feb. 21, 1978]

(a) Allotments to States. The allotment to the States under section 409 of the Drug Abuse Office and Treatment Act of 1872, as amended by Public Law 94237, will be computed by the Secretary as follows:

(1) One-third weight on the basis of the relationship of the population in each State to the total population of all the States;

(2) One-third weight on the basis of total population weighted by financial need as determined by the relative per capita income for each State for the three most recent consecutive years for which data is available from the Department of Commerce; and

The rates of the population are verte og Wenty-four I each Share to the wai papritmen of fren age EDIT fhe States the bass CÉ dana from the 3 Census Breen for the most rare ziendE THE

The releasing of the number of Depamma. Type B. carsea State to the moal mumber of those cases in a the Staten derammed the bass Of dana srelatie frm the Center for Dkexe Comori Thined States Prince Health Service for the most recent calendar jear or vhere a State fires not report to the Cemer ir Dwewe Canti on the bass af de vacie a compara

bie State reporting system and

= The standing a relamon to all other States of each State's per capita appropone non of State frog abuse pretension functions. as defined by section 113 b of the Drug Abuse Cice and Treament Ass of 1972 -21 USC 1113 B), as amended by Public Law 94-237, determined on the basis of dasa certified by each Stale Comparoler or equivalent State offical

(b) I, after determining the amount of the allotment for each State in accordance with paragraph (a) of this section, It appears that any State (with the exception of the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) would receive less than the minimum allotment prescribed by section 409 (c)(1) of the Drug Abuse Office and Treatment Act of 1972, The Secretary shall reduce the shares of each State which would receive more than such minimum allotment by an equal percentage and reallocate such sums as required to assure that every State (other than the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) will receive as least the prescribed minimum allotment.

139 FR 14209, Apr. 22, 1974, as amended at 41 FR 26012, June 24, 1976;

(3) One-third weight on the basis of need for more effective conduct of drug abuse prevention functions as determined by the following three equally weighted factors:

55.1

55.2