54 U.S.C. § 200504 — Recovery action programs

Page 97 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200504 1 So in original. Probably should be ‘‘transferee’’. (A) Programs that are targeted to youth who are at the greatest risk of becoming in- volved in violence and crime. (B) Programs that teach important values and life skills, including teamwork, respect, leadership, and self-esteem. (C) Programs that offer tutoring, remedial education, mentoring, and counseling in ad- dition to recreation opportunities. (D) Programs that offer services during late night or other nonschool hours. (E) Programs that demonstrate collabora- tion between local park and recreation, juve- nile justice, law enforcement, and youth so- cial service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations. (F) Programs that leverage public or pri- vate recreation investments in the form of services, materials, or cash. (G) Programs that show the greatest po- tential of being continued with non-Federal funds or that can serve as models for other communities. (d) LIMITATION OF FUNDS.—Grants to discre- tionary applicants under subsection (b) may not be more than 15 percent of the total amount of funds appropriated under this chapter for reha- bilitation grants, innovation grants, and recov- ery action program grants. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3181.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200502 ......... 16 U.S.C. 2504. Pub. L. 95–625, title X, § 1005, Nov. 10, 1978, 92 Stat. 3540; Pub. L. 103–322, title III, § 31503, Sept. 13, 1994, 108 Stat. 1889. In subsection (a), the words ‘‘Within one hundred and twenty days after November 10, 1978’’ are omitted as obsolete. In subsection (b), the word ‘‘standard’’ is omitted as obsolete. The words ‘‘the Director of the Office of Man- agement and Budget’’ are substituted for ‘‘census’’. See 31 U.S.C. 1104(d), Executive Order No. 10253 (31 U.S.C. 1104 note), and 44 U.S.C. 3504(e)(3). Editorial Notes REFERENCES IN TEXT The Urban Park and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 3538), referred to in subsec. (b), is title X of Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3538, which was classified generally to chapter 45 (§ 2501 et seq.) of Title 16, Conservation. The Act was substan- tially repealed and restated as this chapter by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3180, 3272. The find- ings and purposes of the Act are contained in sections 1002 and 1003 of the Act. Section 1002 was classified to section 2501 of Title 16 and was omitted from the Code. Section 1003 is set out as a note under section 200501 of this title. For complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of this title. § 200503. Rehabilitation grants and innovation grants (a) MATCHING GRANTS.—The Secretary may provide 70 percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the Sec- retary’s approval of applications for the grants by the chief executive officials of those govern- ments. (b) SPECIAL CONSIDERATIONS.—An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action pro- grams, with particular regard to the special con- siderations listed in section 200504(c)(2) of this title. (c) TRANSFER.—If consistent with an approved application, a grant recipient may transfer a re- habilitation grant or innovation grant in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree 1 offers recreation opportunities to the general population within the jurisdic- tional boundaries of the grant recipient. (d) PAYMENTS.—Payments may be made only for a rehabilitation project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project, except that the Secretary, when appropriate, may make advance payments on an approved reha- bilitation project or innovation project in an amount not to exceed 20 percent of the total project cost. (e) MODIFICATION OF PROJECT.—The Secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3183.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200503 ......... 16 U.S.C. 2505. Pub. L. 95–625, title X, § 1006, Nov. 10, 1978, 92 Stat. 3541. In subsection (a), the words ‘‘chief executive offi- cials’’ are substituted for ‘‘chief executives’’ for con- sistency in the new title. In subsection (c), the words ‘‘At the discretion of such applicants’’ are omitted as unnecessary. § 200504. Recovery action programs (a) EVIDENCE OF LOCAL COMMITMENT TO ONGO- ING PROGRAMS.—As a requirement for project ap- proval, local governments applying for assist- ance under this chapter shall submit to the Sec- retary evidence of their commitments to ongo- ing planning, rehabilitation, service, operation, and maintenance programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources, including other feder- ally supported urban development and recre- ation programs. During an initial interim period to be established by regulations under this chap- ter, this requirement may be satisfied by local government submissions of preliminary action Page 98 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200505 programs that briefly define objectives, prior- ities, and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program develop- ment process. Following this interim period, all local applicants shall submit to the Secretary, as a condition of eligibility, a 5-year action pro- gram for park and recreation recovery that sat- isfactorily demonstrates— (1) systematic identification of recovery ob- jectives, priorities, and implementation strat- egies; (2) adequate planning for rehabilitation of specific recreation areas and facilities, includ- ing projections of the cost of proposed projects; (3) the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately main- tained, protected, staffed, and supervised; (4) the intention to maintain total local pub- lic outlays for park and recreation purposes at levels at least equal to those in the year pre- ceding that in which grant assistance is sought except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the ap- plicant; and (5) the relationship of the park and recre- ation recovery program to overall community development and urban revitalization efforts. (b) CONTINUING PLANNING PROCESS.—Where ap- propriate, the Secretary may encourage local governments to meet action program require- ments through a continuing planning process that includes periodic improvements and up- dates in action program submissions to elimi- nate identified gaps in program information and policy development. (c) SPECIAL CONSIDERATIONS.—Action programs shall address, but are not limited to— (1) rehabilitation of existing recreational areas and facilities, including— (A) general systemwide renovation; (B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and (C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural sig- nificance; and (2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including— (A) recycling of abandoned schools and other public buildings for recreational pur- poses; (B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis; (C) use of mobile facilities and rec- reational, cultural, and educational pro- grams or other innovative approaches to im- proving access for neighborhood residents; (D) integration of recovery program with federally assisted projects to maximize rec- reational opportunities through conversion of abandoned railroad and highway rights of way, waterfront, and other redevelopment efforts and such other federally assisted projects as may be appropriate; (E) conversion of recreation use of street space, derelict land, and other public land not now designated for neighborhood rec- reational use; and (F) use of various forms of compensated and uncompensated land regulation, tax in- ducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs. (d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish and publish in the Fed- eral Register requirements for preparation, sub- mission, and updating of local park and recre- ation recovery action programs. (e) ELIGIBILITY FOR AT-RISK YOUTH RECRE- ATION GRANTS.—To be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incor- porate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal. The plan shall also address how the local gov- ernment is coordinating its recreation programs with crime prevention efforts of law enforce- ment, juvenile corrections, and youth social service agencies. (f) MATCHING RECOVERY ACTION PROGRAM GRANTS.—The Secretary may provide up to 50 percent matching recovery action program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3183.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200504 ......... 16 U.S.C. 2506. Pub. L. 95–625, title X, § 1007, Nov. 10, 1978, 92 Stat. 3541; Pub. L. 103–322, title III, §§ 31504, Sept. 13, 1994, 108 Stat. 1889. In subsection (c)(1), the word ‘‘areas’’ is substituted for ‘‘sites’’ for consistency with the defined term and with the new chapter. § 200505. State action (a) ADDITIONAL MATCH.—The Secretary may increase rehabilitation grants or innovation grants authorized in section 200503 of this title by providing an additional match equal to the total match provided by a State of up to 15 per- cent of total project costs. The Federal match- ing amount shall not exceed 85 percent of total project cost. (b) ADEQUATE IMPLEMENTATION OF LOCAL RE- COVERY PLANS.—The Secretary shall encourage States to assist the Secretary in ensuring— (1) that local recovery plans and programs are adequately implemented by cooperating with the Secretary in monitoring local park and recreation recovery plans and programs; and (2) consistency of the plans and programs, where appropriate, with State recreation poli- cies as set forth in statewide comprehensive outdoor recreation plans.