An Act to amend the public health laws relating to mental retardation to extend, expand, and improve them, and for other purposes
PL 90-170 (H.R.6430), enacted 12/04/1967

81 STAT.] 
PUBLIC LAW 90-170-DEC. 4, 1967 
527 
Public Law 90-170 
AN A C T 
December 4, 1967 
To amend the public health laws relating to mental retardation to extend, 
[H. R. 6430] 
expand, and improve them, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
Mental Retarda. 
be cited as the "Mental Retardation Amendments of 1967". 
oV^ge?".^" ""^^ ^ 
GRANTS FOR CONSTRUCTION OF UNIVERSITY-AFFILIATED MENTAL RETARDA-
TION CLINICAL FACILITIES 
SEC. 2. (a) The first sentence of section 121 of the Mental Retarda-
tion Facilities Construction Act (42 U.S.C. 2661) is amended by strik- 
77 stat. 234. 
ing out "and $10,000,000 each for the fiscal year ending June 30, 1966, 
and the fiscal year ending June 30, 1967" and inserting in lieu thereof 
"$10,000,000 each for the fiscal year ending June 30, 1966, the fiscal 
year ending June 30,1967, and the fiscal year ending June 30,1968, and 
$20,000,000 each for the fiscal year ending June 30,1969, and the fiscal 
year ending June 30, 1970". 
(b) Such sentence is further amended by inserting " (which, for pur-
poses of this part, includes other neurological handicapping condi-
tions found by the Secretary to be sufficiently related to mental retarda-
tion to warrant inclusion in this part)" after "the mentally retarded" 
the first time it appears therein, and by inserting "including research 
incidental or related to any of the foregoing activities," before "there 
are authorized to be appropriated". 
(c) Section 125 of such Act (42 U.S.C. 2665) is amended by striking 
^7 stat. 235. 
out "four", and by striking out "June 30, 1967" and inserting in lieu 
thereof "June 30, 1970". 
(d) (1) Section 121 of such Act is amended— 
(A) by inserting " ( a ) " immediately after "SEC. 121.", 
(B) by inserting (in the first sentence thereof) immediately 
after "construction" the following: "(and the planning for the 
construction)", 
(C) by striking out "The" (in the second sentence thereof) and 
inserting in lieu thereof "Except as provided in subsection (b), 
the", and 
(D) by adding after and below such section the following new 
subsection: 
"(b) (1) Of the sums appropriated pursuant to subsection (a) for 
any fiscal year, beginning with the fiscal year ending June 30, 1968, an 
amount equal to 2 per centum thereof (or such smaller amount as t\\Q 
Secretary may determine to be appropriate) shall be available to the 
Secretary for the purpose of making grants to cover not to exceed 
75 per centum of the costs of the planning of projects with, respect to 
the construction of which applications for grants may be made under 
this part. Not more than $25,000 shall be granted under this subsection 
with respect to any project. 
"(2) Planning grants under this subsection shall be made by the 
Secretary to such applicants and upon such terms and conditions as 
he shall by regulations prescribe. Paj^ment of grants under this sub-
section shall be made in advance or by way of reimbursement, as the 
Secretary may determine. 
"(3) Whenever, in the succeeding provisions of this part, the term 
'grant', 'grants', or 'funds' is employed, such term shall be deemed not 
to include any grant under this subsection or any of the funds of any 
such grant." 
85-622 0-68—36 
42 u s e 2672. 
528 
PUBLIC LAV^ 90-170-DEC. 4, 1967 
[81 STAT. 
GRANTS FOH COXSTHI'CTION OF t'OMMl NITV FACILITIKlS F(»K TIIK MKNTAIJ.Y 
KKTAKDED 
SEC. 3. (a) Section 131 of the Mental Retardation Facilities Con-
77 Stat. 286. 
struction Act (42 U.S.C. 2671) is amended by strikin<»; out "and 
$30,0()0,()(M) for the fiscal year ending June 30, 1968" and inserting in 
lieu thereof "$30,000,000 each for the fiscal year ending June 30,1968, 
and the fiscal year ending June 30, 1969, and $50,000,000 for the fiscal 
year ending June 30, 1970". 
42 us^c 267^7. 
i^) I^t'ctiou 137 of such Act is amended by striking out "tVmr", and 
by striking out "1968" and inserting in lieu thereof "1970''-. 
(c) Section 132 of such Act is amended by inserting at tlie end 
thereof the following new subsection: 
"(d)(1) At the request of any State, a portion of any allotment 
or allotments of such State under this part shall be available to pay 
one-half (or such smaller share as the State may request) of the 
expenditures found necessary by the Secretary for the proper and 
efficient administration during such year of the State plan approved 
under this part; except that not more than 2 per centum of the total 
of the allotments of such State for a year, or $50,(XX), whichever is less, 
shall be available for such purpose for such year. Payments of amounts 
due under this paragraph may be made in advance or by way of reim-
bursement, and in such installments, as the Secretary may determine. 
"(2) Any amount paid under paragraph (1) to any State for any 
fiscal year shall be paid (m condition that there shall be expended 
from State sources for such year for administration of the State plan 
approved under this part not less than the total amount expended for 
such purposes from such sources during the fiscal vear ending June 30, 
1967." 
GRANTS FOR STAFFING OF COINIMINITY MENTAL RETARDATU^N FACILITIES 
SEC. 4. The Mental Retardation Facilities Construction Act is fur-
ther amended (1) by amending the heading thereof to read "TITLE 
not;. 
""'^^ 
I—FACILITIES FOR T H E MENTALLY RETARDED", and 
(2) by adding at the end thereof the following new part: 
"PART D—GRANTS FOR THE (\)ST OF PROP'ESSIONAL AND TECHNICAL 
PERSONNEL OF COMMUNITY MENTAL RETARDATION FACILITIES 
"AUTHORIZATION OF GRANTS 
"SEC. 141. (a) For the purpose of assisting in the establishment and 
initial operation of facilities for the mentally retarded providing all 
or part of a program of comprehensive services for the mentally re-
tarded principally designed to serve the needs of the particular com-
munity or communities in or near which the facility is situated, the 
Secretary may, in accordance w'ith the provisions of this part, make 
grants to meet, for the temporary periods specified in this section, a 
portion of the costs (determined pursuant to regulations under section 
144) of compensation of professional and technical pei-sonnel for the 
initial operation of new facilities for the mentally retarded or of new 
services in facilities for the mentally retarded. 
"(b) Grants for such costs for any facility for the mentally retarded 
under this part may be made only for the period beginning with the 
first day of the first month for which such a grant is made and ending 
with the close of four years and three months after such first day; 
and such grants with respect to any such facility may not exceed 75 
per centum of such costs for the period ending with the close of the 
fifteenth month following such first day, 60 per centum of such costs 
77 Stat. 282. 
42 u s e 2661 
81 STAT.] 
PUBLIC LAW 90-170-DEC. 4, 1967 
529 
for the first year thereafter, 45 per centum of such costs for the second 
year thereafter, and 30 per centum of such costs for the third year 
thereafter. 
"(c) In making such grants, the Secretary shall take into account 
the relative needs of the several States for services for the mentally 
retarded, their relative financial needs, and their populations. 
"APPLICATIONS AND CONDITIONS FOR APPROVAL 
"SEC. 142. (a) Grants under this part with respect to any facility 
for the mentally retarded may be made only upon application, and 
only if— 
"(1) the applicant is a public or nonprofit private agency or 
organization which owns or operates the facility; 
"(2) (A) a grant was made under part C of this title to assist 
Jj 5s^c 26^^-
in financing the construction of the facility or (B) the type of 2677. 
service to be provided as part of such program with the aid of a 
grant under this part was not previously being provided by tlie 
facility witli respect to which such application is made; 
"(3) the Secretary determines that there is satisfactory assur-
ance that Federal funds made available under this part for any 
period will be so used as to supplement and, to the extent practical, 
increase the level of State, local, and other non-Federal funds for 
mental retardation services that would in the absence of such Fed-
eral funds be made available for (or under) the program described 
in paragraph (2) of this subsection, and will in no event supplant 
such State, local, and other non-Federal funds; and 
"(4) in the case of an applicant in a State which has in exist-
ence a State plan relating to the provision of services for the 
mentally retarded, the services to be provided by the facility are 
consistent with the plan. 
"(b) No grant may be made under this part after June 30, 1972, 
with respect to any facility for the mentally retarded or with respect 
to any type of service provided by such a facility unless a grant with 
respect thereto was made under this part prior to July 1, 1970. 
"PAYMENTS 
"SEC'. 143. Payment of grants under this part may be made (after 
necessary adjustment on account of previously made overpayments or 
underpayments) in advance or by way of reimbursement, and on such 
terms and conditions and in such installments, as the Secretary may 
determine. 
"REGULATIONS 
"SEC. 144. The Secretar}- shall jjrescribe general regulations con-
cerning the eligibility of facilities under this part, determination of 
eligible costs with respect to Avhich grants may be made, and the terms 
and conditions (including those specified in section 142) for approving 
applications under this part. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 145. There are authorized to be appropriated $7,000,000 for 
the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year 
ending June 30,1969, and $14,000,000 for the fiscal year ending June 30, 
1970, to enable the Secretary to make initial grants to facilities for 
the mentally retarded under the provisions of this part. For the fiscal 
year ending June 30, 1969, and each of the next five years, there are 
authorized to be appropriated such sums as may be necessary to make 
530 
PUBLIC LAW 90-170-DEC. 4, 1967 
[81 STAT. 
77 Stat. 288. 
grants to such facilities which have previously received a grant under 
this part and are eligible for such a grant for the year for which sums 
are being appropriated under this sentence." 
SEC. 5. Paragraph (7) of section 134 of the Mental Retardation 
Facilities Construction Act (42 U.S.C. 2674), is amended by inserting 
before the semicolon at the end thereof "and, effective July 1, 1969, 
provide for enforcement of such standards with respect to projects 
approved by the Secretary under this part after June 30, 1967'-. 
79 Stat. 430. 
77 Stat. 282. 
42 u s e 2661 
note. 
EDUCATION OF HANDICAPPED CHILDREN 
SEC. 6. Section 7 of the Act of September 6, 1958 (20 U.S.C. 617), 
is amended by striking out "and" before "$37,500,000'-, and by insert-
ing ", and $55,000,000 for the fiscal year ending June 30, 1970", after 
"June 30,1969". 
SEC. 7. The Mental Retardation Facilities and Community Mental 
Health Centers Construction Act of 1963 is amended by adding at the 
end thereof the following: 
"TITLE V—TRAINING OF PHYSICAL EDUCATORS AND 
RECREATION PERSONNEL FOR MENTALLY RETARDED 
AND OTHER HANDICAPPED CHILDREN 
72 Stat. 1777; 
77 Stat. 294. 
Appropriation. 
G R A N T S ; AUTHORIZATION OF APPROPRIATIONS 
"SEC. 501. (a) The Secretary is authorized to make grants to public 
and other nonprofit institutions of higher learning to assist them in 
providing professional or advanced training for personnel engaged 
or preparing to engage in employment as physical educators or rec-
reation personnel for mentally retarded and other handicapped chil-
dren (as defined in the first section of the Act of September 6, 1958 
(20 U.S.C. 611)) or as supervisors of such personnel, or engaged or 
preparing to engage in research or teaching in fields related to the 
physical education or recreation of such children. 
"(b) For the purpose of making the grants authorized under sub-
section (a), there is authorized to be appropriated for the fiscal year 
ending June 30, 1968, $1,000,000; for the fiscal year ending June 30, 
1969, $2,000,000; and for the fiscal year ending June 30, 1970, 
$3,000,000. Any sums appropriated for any such fiscal year and not 
obligated before the end thereof shall remain available for the suc-
ceeding fiscal year for the purpose for which appropriated. 
a 
RESEARCH AND DEMONSTRATION PROJECTS I N PHYSICAL EDUCATION AND 
RECREATION 
FOR 
MENTALLY 
RETARDED 
AND 
(/IHER 
HANDICAPPED 
CHILDREN 
Appropriation. 
ug^,^ gQg. (a) (1) There is authorized to be appropriated for the 
fiscal year ending June 30, 1968, $1,000,000, and for each of the two 
succeeding fiscal years, $1,500,000, to enable the Secretary to make 
grants to States, State or local educational agencies, public and non-
profit private institutions of higher learning, and other public or 
-nonprofit private educational or research agencies and organizations, 
for research or demonstration projects relating to physical education 
or recreation for mentally retarded and other handicapped children 
(as defined in the first section of the Act of September 6, 1958 (20 
U.S.C. 611)). 
"(2) Grants under paragraph (1) shall be made in installments, 
in advance or by way of reimbursement, and on such conditions as 
the Secretary may determine. 
81 STAT.] 
PUBLIC LAW 90-171-DEC. 4, 1967 
531 
" (b) The Secretary shall from time to time appoint panels of experts 
who are competent to evaluate various types of research or demonstra-
tion projects under this section, and shall secure the advice and recom-
mendations of one such panel before making any grant under this 
section. 
"ADVISORY COMMITTEE 
"SEO. 503. (a)(1) The Secretary shall appoint an advisory com-
mittee which shall consist of seven members to advise him on matters 
of general policy relating to the administration of this title. Three 
members of such committee shall be individuals from the field of 
physical education, two members thereof shall be individuals from 
the field of recreation, and two members thereof shall be individuals 
with experience or special interest in the education of the mentally 
retarded or other handicapped children. 
"(2) The Secretary shall, from time to time, designate one of the 
members of such committee to serve as the chairman thereof. 
" (b) Members of the advisory committee and members of any panel 
appointed pursuant to section 502(b), who are not regular full-time 
employees of the United States, shall, while serving on the business 
of such committee or such panel, be entitled to receive compensation 
at rates fixed by the Secretary, but not exceeding $100 per day, includ-
ing travel time; and, while so serving away from their homes or regu-
lar places of business, they may be allowed travel expenses, including 
p>er diem in lieu of subsistence, as authorized by section 5703(b) of 
title 5, United States Code, for persons in the Government service 
employed intermittently." 
Approved December 4, 1967. 
Compens£ition, 
travel expenses. 
80 Stat. 499. 
Public Law 90-171 
AN ACT 
To facilitate exchanges of land nnder the Act of March 20. 1922 (42 Stat. -iS'j), 
for use for public schools, and for other purposes. 
Be it enacted hy the Senate and Houfse of Repre-sentofh^es of the 
United States of America, in Congress assembled. Tliat whenever an 
exchange of land is proj)osed by a public school district or other public 
school authority under the Act of March 20, 1922 (42 Stat. 465), as 
amended (16 U.S.C. 485, 486), or other authority under which the 
Secretary of Agi-iculture is authorized to exchange national forest 
lands or other lands administered by the Forest Service, if the public 
school authority proposing the exchange has insufficient land to offer, 
the exchange may be completed upon deposit with the Secretary of 
Agriculture of a portion or all of the value of the selected land. Any 
amount so deposited shall be covered into a special fund in the Treas-
ury which when appropriated shall be available until expended by 
the Secretary of Agriculture for the acquisition of lands in the same 
State as the selected lands and which are determined by him to be 
suitable for the same purposes as the selected lands. Lands so acquired 
shall have the same status and shall be subject to the same laws, regu-
lations, and rules as the selected lands. 
The provisions of this Act shall not be applicable to the conveyance 
in exchange of more than eighty acres to any one public school district, 
or other public school authority. 
Approved December 4, 1967. 
December 4, 1967 
[H.R. 10442] 
Public schools. 
Land exchanges 
in national for-
ests. 
43 Stat. 1090. 
Limitation.