54 U.S.C. § 200501 — Definitions

Page 95 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200501 (B) allocated to the covered agency for which the donation was made. (3) OTHER ALLOCATIONS.—Any donations allo- cated to a covered agency under paragraph (2)(B) shall be allocated to the applicable cov- ered agency independently of the allocations under subsection (e)(1). (k) REQUIRED CONSIDERATION FOR ACCESSI- BILITY.—In expending amounts from the Fund, the Secretary and the Secretary of Agriculture shall incorporate measures to improve the ac- cessibility of assets and accommodate visitors and employees with disabilities in accordance with applicable law. (Added Pub. L. 116–152, § 2(a), Aug. 4, 2020, 134 Stat. 683.) Editorial Notes REFERENCES IN TEXT The Gulf of Mexico Energy Security Act of 2006, re- ferred to in subsec. (b)(3)(B)(i)(I), is title I of div. C of Pub. L. 109–432, Dec. 20, 2006, 120 Stat. 3000, which is set out as a note under section 1331 of Title 43, Public Lands. The Mineral Leasing Act, referred to in subsec. (b)(3)(B)(i)(II), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 116–152, which was approved Aug. 4, 2020. Statutory Notes and Related Subsidiaries ALLOCATION OF FUNDS For certain requirements regarding allocation of funds pursuant to subsec. (c) of this section and as pro- vided in subsec. (e) of this section, see section 430(a)–(c) of div. E of Pub. L. 118–42, set out as a note under sec- tion 200303 of this title. CHAPTER 2005—URBAN PARK AND RECREATION RECOVERY PROGRAM Sec. 200501. Definitions. 200502. Federal assistance. 200503. Rehabilitation grants and innovation grants. 200504. Recovery action programs. 200505. State action. 200506. Non-Federal share of project costs. 200507. Conversion of recreation property. 200508. Coordination of program. 200509. Recordkeeping. 200510. Inapplicability of matching provisions. 200511. Funding limitations. § 200501. Definitions In this chapter: (1) AT-RISK YOUTH RECREATION GRANT.— (A) IN GENERAL.—The term ‘‘at-risk youth recreation grant’’ means a grant in a neigh- borhood or community with a high preva- lence of crime, particularly violent crime or crime committed by youthful offenders. (B) INCLUSIONS.—The term ‘‘at-risk youth recreation grant’’ includes— (i) a rehabilitation grant; (ii) an innovation grant; and (iii) a matching grant for continuing program support for a program of dem- onstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, includ- ing a grant for operating, or coordinating, a recreation program or service. (C) ADDITIONAL USES OF REHABILITATION GRANT.—In addition to the purposes specified in paragraph (8), a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, emergency phones, or any other capital im- provement that will improve the security of an urban park. (2) GENERAL PURPOSE LOCAL GOVERNMENT.— The term ‘‘general purpose local government’’ means— (A) a city, county, town, township, village, or other general purpose political subdivi- sion of a State; and (B) the District of Columbia. (3) INNOVATION GRANT.—The term ‘‘innova- tion grant’’ means a matching grant to a local government to cover costs of personnel, facili- ties, equipment, supplies, or services designed to demonstrate innovative and cost-effective ways to augment park and recreation opportu- nities at the neighborhood level and to address common problems related to facility oper- ations and improved delivery of recreation service, not including routine operation and maintenance activities. (4) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly accepted practices nec- essary to keep recreation areas and facilities operating in a state of good repair and to pro- tect them from deterioration resulting from normal wear and tear. (5) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit agency’’ means a commu- nity-based, nonprofit organization, corpora- tion, or association organized for purposes of providing recreational, conservation, and edu- cational services directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or public or private grants. (6) RECOVERY ACTION PROGRAM GRANT.— (A) IN GENERAL.—The term ‘‘recovery ac- tion program grant’’ means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter. (B) USE.—A recovery action program grant shall be used for resource and needs assess- ment, coordination, citizen involvement and planning, and program development activi- ties to— (i) encourage public definition of goals; and (ii) develop priorities and strategies for overall recreation system recovery. (7) RECREATION AREA OR FACILITY.—The term ‘‘recreation area or facility’’ means an indoor or outdoor park, building, site, or other facil- ity that is dedicated to recreation purposes and administered by a public or private non- profit agency to serve the recreation needs of community residents. Emphasis shall be on Page 96 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 200502 public facilities readily accessible to residen- tial neighborhoods, including multiple-use community centers that have recreation as one of their primary purposes, but excluding major sports arenas, exhibition areas, and con- ference halls used primarily for commercial sports, spectator, or display activities. (8) REHABILITATION GRANT.—The term ‘‘reha- bilitation grant’’ means a matching capital grant to a local government for rebuilding, re- modeling, expanding, or developing an existing outdoor or indoor recreation area or facility, including improvements in park landscapes, buildings, and support facilities, but excluding routine maintenance and upkeep activities. (9) SPECIAL PURPOSE LOCAL GOVERNMENT.— (A) IN GENERAL.—The term ‘‘special pur- pose local government’’ means a local or re- gional special district, public-purpose cor- poration, or other limited political subdivi- sion of a State. (B) INCLUSIONS.—The term ‘‘special pur- pose local government’’ includes— (i) a park authority; (ii) a park, conservation, water, or sani- tary district; and (iii) a school district. (10) STATE.—The term ‘‘State’’ means a State, an instrumentality of a State approved by the Governor of the State, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3180.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 200501 ......... 16 U.S.C. 2503. Pub. L. 95–625, title X, § 1004, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103–322, title III, § 31502, Sept. 13, 1994, 108 Stat. 1888. In paragraph (1)(C), the words ‘‘that serves as an at- risk youth recreation grant’’ are substituted for ‘‘re- ferred to in paragraph (1) of this subsection’’ for clar- ity. In paragraph (2), the word ‘‘parish’’ is omitted be- cause of 1 U.S.C. 2. Statutory Notes and Related Subsidiaries CONGRESSIONAL STATEMENT OF PURPOSE; COMPLEMEN- TARY PROGRAM AUTHORIZATION; TERMS AND CONDI- TIONS Pub. L. 95–625, title X, § 1003, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103–322, title III, §§ 31501, 31505(b), Sept. 13, 1994, 108 Stat. 1888, 1890, provided that: ‘‘The purpose of this title [now 54 U.S.C. 200501 et seq.] is to authorize the Secretary [of the Interior] to establish an urban park and recreation recovery program which would pro- vide Federal grants to economically hard-pressed com- munities specifically for the rehabilitation of critically needed recreation areas, facilities, and development of improved recreation programs. This program is in- tended to complement existing Federal programs such as the Land and Water Conservation Fund and Commu- nity Development Grant Programs by encouraging and stimulating local governments to revitalize their park and recreation systems and to make long-term com- mitments to continuing maintenance of these systems. Such assistance shall be subject to such terms and con- ditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this title. It is further the purpose of this title to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime and to help deter crime through the expansion of recreation oppor- tunities for at-risk youth. It is the further purpose of this section [probably means title] to increase the secu- rity of urban parks and to promote collaboration be- tween local agencies involved in parks and recreation, law enforcement, youth social services, and juvenile justice system.’’ § 200502. Federal assistance (a) ELIGIBILITY DETERMINED BY SECRETARY.— Eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to partici- pate in this program, to be accompanied by a discussion of criteria used in determining eligi- bility. Criteria shall be based on factors that the Secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress. (b) ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In addition to eligible local governments established in accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and pur- pose of the Urban Park and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 3538), of other general purpose local governments in met- ropolitan statistical areas as defined by the Di- rector of the Office of Management and Budget. (c) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— (1) IN GENERAL.—The Secretary shall estab- lish priority criteria for project selection and approval that consider such factors as— (A) population; (B) condition of existing recreation areas and facilities; (C) demonstrated deficiencies in access to neighborhood recreation opportunities, par- ticularly for minority and low- and mod- erate-income residents; (D) public participation in determining re- habilitation or development needs; (E) the extent to which a project supports or complements target activities undertaken as part of a local government’s overall com- munity development and urban revitaliza- tion program; (F) the extent to which a proposed project would provide— (i) employment opportunities for minori- ties, youth, and low- and moderate-income residents in the project neighborhood; (ii) for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation activity or in sub- sequent maintenance, staffing, or super- vision of recreation areas and facilities; or (iii) both; and (G) the amount of State and private sup- port for a project as evidenced by commit- ments of non-Federal resources to project construction or operation. (2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth recreation grants, the Secretary shall give a priority to each of the following criteria: