33 1 "(d) For purposes of this section, the term 'State 2 agency' refers to a State agency designated in a State plan 3 approved under section 223; and the term 'involved State 4 agency' refers to a State agency which is the subject of a 5 finding of the Secretary under paragraph (1) or which is 6 connected with a project or State plan which is the subject 7 of such a finding. 8 9 "JUDICIAL REVIEW "SEC. 226. If the Secretary refuses to approve any ap10 plication for a project submitted under section 224, the State 11 agency through which such application was submitted, or 12 if any State is dissatisfied with his action under section 223 13 (b) or 225 (c), such State may appeal to the United States 14 court of appeals for the circuit in which such State is located, 15 by filing a petition with such court within sixty days after 16 such action. A copy of the petition shall be forthwith trans17 mitted by the clerk of the court to the Secretary, or any 18 officer designated by him for that purpose. The Secretary 19 thereupon shall file in the court the record of the pro20 ceedings on which he based his action, as provided in section 21 2112 of title 28, United States Code. Upon the filing of 22 such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, 24 temporarily or permanently, but until the filing of the record, 23 225 25 the Secretary may modify or set aside his order. The findings 34 1 of the Secretary as to the facts, if supported by substantial 2 evidence, shall be conclusive, but the court, for good cause 3 shown, may remand the case to the Secretary to take further 4 evidence, and the Secretary may thereupon make new or 5 modified findings of fact and may modify his previous action, 6 and shall file in the court the record of the further proceed7 ings. Such new or modified findings of fact shall likewise be 8 conclusive if supported by substantial evidence. The judg9 ment of the court affirming or setting aside, in whole or in 10 part, any action of the Secretary shall be final, subject to 11 review by the Supreme Court of the United States upon 12 certiorari or certification as provided in section 1254 of title 13 28, United States Code. The commencement of proceedings 14 under this section shall not, unless so specifically ordered by 15 the Court, operate as a stay of the Secretary's action. 16 17 "RECOVERY "SEC. 227. If any facility of a community mental health 18 center remodeled, constructed, or acquired with funds pro19 vided under this part is, at any time within twenty years 20 after the completion of such remodeling or construction or 21 after the date of its acquisition with such funds 22 23 24 "(1) sold or transferred to any person or entity (A) which is not qualified to file an application under section 224, or (B) which is not approved as a trans 1 2 3. 4 5 6 35 feree by the State agency of the State in which such facility is located, or its successor; or "(2) ceases to be used by a community mental health center in the provision of comprehensive mental health services, and the Secretary has not determined that there is good cause for termination of such use, 7 the United States shall be entitled to recover from either $ the transferor or the transferee in the case of a sale or trans9 fer or from the owner in the case of termination of use an 10 amount bearing the same ratio to the then value (as deter11 mined by the agreement of the parties or by action brought 12 in the district court of the United States for the district in 13 which the center is situated) of so much of such facility or 14 center as constituted and approved project or projects, as the 15 amount of the Federal participation bore to the cost of the 16 construction of such project or projects. Such right of re17 covery shall not constitute a lien upon such facility or center 18 prior to judgment. 19 20 "NONDUPLICATION "SEC. 228. No grant may be made under the Public 21 Health Service Act for the construction or modernization 225 22 of a facility for a community mental health center unless the 23 Secretary determines that there are no funds available un24 der this part for the construction or modernization of such 25 facility. 1 2 36 "ALLOTMENTS TO STATES "SEC. 229. (a) For each fiscal year, the Secretary 3 shall, in accordance with regulations, make allotments from 4 the sums appropriated under section 230 to the several States 5 on the basis of (1) the population, (2) the extent of the need 6 for community mental health centers, and (3) the financial 7 need of the respective States; except that no such allotment 8 to any State, other than the Virgin Islands, American Samoa, 9 Guam, and the Trust Territory of the Pacific Islands, for any 10 fiscal year may be less than $100,000. Sums so allotted to a State other than the Virgin Islands, American Samoa, Guam, 12 and the Trust Territory of the Pacific Islands, for a fiscal year 13 and remaining unobligated at the end of such year shall re14 main available to such State for such purpose for the next 15 fiscal year (and for such year only), in addition to the sums 16 allotted for such State for such next fiscal year. Sums so al17 lotted to the Virgin Islands, American Samoa, Guam, or the 18 Trust Territory of the Pacific Islands for a fiscal year and 19 remaining unobligated at the end of such year shall remain 20 available to it for such purpose for the next two fiscal years (and for such years only), in addition to the sums allotted 21 222 23 to it for such purpose for each of such next two fiscal years. "(b) The amount of an allotment under subsection (a) 24 to a State for a fiscal year which the Secretary determines 25 will not be required by the State during the period for which 37 1 it is available for the purpose for which allotted shall be 2 available for reallotment by the Secretary from time to time, 3 on such date or dates as he may fix, to other States with re 4 spect to which such a determination has not been made, in 5 proportion to the original allotments of such States for such 6 fiscal year, but with such proportionate amount for any of 7 such other States being reduced to the extent it exceeds the 8 sum the Secretary estimates such State needs and will be 9 able to use during such period; and the total of such reduc10 tions shall be similarly reallotted among the States whose 11 proportionate amounts were not so reduced. Any amount so reallotted to a State for a fiscal year shall be deemed to 13 be a part of its allotment under subsection (a) for such 14 fiscal year. 15. 16 "AUTHORIZATION OF APPROPRIATIONS "SEC. 230. There are authorized to be appropriated 17 $25,000,000 for the fiscal year ending June 30, 1975, and 18 $30,000,000 for the fiscal year ending June 30, 1976, for 19 allotments under section 229. 20 21 222 23 "PART D-GENERAL PROVISIONS "DEFINITIONS "SEC. 235. For purposes of this title "(1) The term 'State' includes the Commonwealth of 24 Puerto Rico, Guam, American Samoa, the Virgin Islands, |