54 U.S.C. § 200502 — Federal assistance

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: 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