13 1 designated in section 134 (b) (1) (C), an application by the 2 State or a political subdivision thereof or by a public or other 3 nonprofit agency. If two or more agencies join in the con4 struction of the project, the application may be filed by one 5 or more of such agencies. Such application shall set forth"(1) a description of the site for such project; "(2) plans and specifications thereof, in accordance with regulations prescribed by the Secretary; 6 ས 7 8 "(3) 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 other nonprofit agency which is to operate the facility; "(4) reasonable assurance that adequate financial support will be available for the construction of 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 construction of the project will be paid wages at rates not less than those prevail ing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis 23 Bacon Act, as amended (40 U.S.C. 276a-276a−5) ; 24 and the Secretary of Labor shall have with respect to 14 1 2 3 4 5 6 7 8 the labor standards specified in this paragraph the au thority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c); and "(6) a certification by the State agency of the Federal share for the project. "(b) The Secretary shall approve such application if 9 sufficient funds to pay the Federal share of the cost of 10 construction of such project are available from the allotment 11 to the State, and if the Secretary finds (1) that the appli12 cation contains such reasonable assurances as to title, finan13 cial support, and payment of prevailing rates of wages and 14 overtime pay, (2) that the plans and specifications are in 15 accord with regulations prescribed by the Secretary, (3) 16 that the application is in conformity with the State plan 17 approved under this part, and (4) that the application has 18 been approved and recommended by the State agency and 19 is entitled to priority over other projects within the State in 20 accordance with the State's plan for persons with develop21 mental disabilities and in accordance with regulations pre22 scribed by the Secretary. 23 "(c) No application shall be disapproved until the 24 Secretary has afforded the State agency an opportunity for 15 1 "(d) Amendment of any approved application shall be 2 subject to approval in the same manner as the original 3 application. 4 5 "WITHHOLDING OF PAYMENTS FOR CONSTRUCTION "SEC. 136. Whenever the Secretary, after reasonable 6 notice and opportunity for hearing to the State agency des7 ignated in section 134 (b) (1) (C) finds 8 9 10 11 12 13 14 15 16 17 18 19 "(a) that the State agency is not complying substantially with the provisions required by section 134 (b) to be included in the State plan, or with regulations of the Secretary; "(b) that any assurance required to be given in an application filed under section 135 is not being or cannot be carried out; "(c) that there is a substantial failure to carry out plans and specifications related to construction approved by the Secretary under section 134; or "(d) that adequate funds are not being provided annually for the direct administration of the State plan, 20 the Secretary may forthwith notify the State agency that"(e) no further payments will be made to the 21 222 23 State for construction from allotments under this part; or "(f) no further payments will be made from allot ments under this part for any project or projects desig 16 1 nated by the Secretary as being affected by the action 2 3 or inaction referred to in paragraph (a), (b), (c), or (d) of this section; 4 as the Secretary may determine to be appropriate under 5 the circumstances; and, except with regard to any project 6 for which the application has already been approved and 7 which is not directly affected, further payments for con8 struction projects may be withheld, in whole or in part, 9 until there is no longer any failure to comply (or to carry 10 out the assurance or plans and specifications or to provide 11 adequate funds, as the case may be) or, if such compliance 12 (or other action) is impossible, until the State repays or 13 arranges for the repayment of Federal moneys to which the 14 recipient was not entitled. 15 "PAYMENTS TO THE STATES FOR PLANNING AND SERVICES 16 17 "SEC. 137. (a) (1) From each State's allotments for fiscal year under section 132, the State shall be paid the 18 Federal share of the expenditures, other than expenditures 19 for construction, incurred during such year under its State 20 plan approved under this part. Such payments shall be made 21 from time to time in advance on the basis of estimates by 22 the Secretary of the sums the State will expend under the 23 State plan, except that such adjustments as may be necessary 24 shall be made on account of previously made underpayments or overpayments under this section. 25 31-151 O 74 Pt. 1 - 25 1 17 "(2) For the purpose of determining the Federal 2 share of any State, expenditures by a political subdivision 3 thereof or by nonprofit private agencies, organizations, and 4 groups shall, subject to such limitations and conditions as 5 may be prescribed by regulations, be regarded as expendi6 tures by such State. 7 "(b) The Federal share' for any State for purposes 8 of this section for any fiscal year shall be 80 per centum of 9 the expenditures, other than expenditures for construction, 10 incurred by the State during such year under its State plan 11 approved under this part. 13 12 "WITHHOLDING OF PAYMENTS FOR PLANNING AND SERVICE "SEC. 138. Whenever the Secretary, after reasonable 14 notice and opportunity for hearing to the State planning 15 and advisory council finds that— 16 17 18 19 20 21 “(1) there is a failure to comply substantially with any of the provisions required by section 134 to be in cluded in the State plan; or "(2) there is a failure to comply substantially with any regulations of the Secretary which are applicable to this part, 22 the Secretary shall notify such State council that further pay23 ments will not be made to the State under this part (or, in 24 his discretion, that further payments will not be made to the |