2638

LAWS OF MARYLAND

Ch. 904

facilities and for the purpose of reports, plans, and
specifications in connection therewith, and for the purpose
of site improvements, surveys, and programs in connection
therewith.

(ii) If, at the time of application for
State funds under this Act, federal funds are also available
for this purpose, these federal funds shall be applied first
to the project, in accordance with applicable federal
regulations. State grants shall amount to up to 50 percent
of the eligible cost remaining after the federal grant has
been applied. for those projects designated under federal
regulations. State plans and regulations provided for by
this Act as eligible for proverty poverty area funding,
State grants shall amount to up to 75 percent of the
eligible cost remaining after the federal grant has been
applied. In those cases where federal grants are not
available, criteria for determining facilities which are
eligible for special funding because of the impact of
poverty areas will be developed by the Secretary of Health
and Mental Hygiene and approved by the Board of Public
Works; and State grants for those facilities shall not
exceed 75 percent of the total eligible costs.

(iii) The amount of the State grant to be
made for any facility shall be determined after due
consideration of all pending eligible applicants, the total
of unallocated State funds available at the time the
application is received, and such priorities of area need as
may have been established by the State Department of Health
and Mental Hygiene.

(iv) If, at any time within 15 years after
completion of construction, an institution with respect to
which funds have been paid under the provisions of this Act:

1.    is sold or transferred to any
person, agency, or organization which would not itself
qualify as an applicant under the terms of this Act, or
which is not approved as a transferee by the Secretary of
Health and Mental Hygiene, or

2.    ceases to be a public or
nonprofit facility, as defined in this Act, then the State
shall be entitled to recover from either the transferor or
transferee thereof or, in the case of an institution which
has ceased to be a public or nonprofit facility, from the
owner thereof, an amount bearing the same ratio to the then
value (as determined by agreement of the State and such
transferor, transferee, or owner or by action brought in a
court of competent jurisdiction) of so much of the
institution as constituted an approved project, as the
amount of the State participation bore to the cost of the
construction under that project. This right of recovery may
not constitute a lien upon the property of the institution
prior to this determination, but it shall be recorded in the
land records of the political subdivision in which the
facility is located. When this determination has been made.