Public Law 113-287/Chapter 2005

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Public Law 113-287
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4466367Public Law 113-287U.S. Congress
​

Chapter 2005—Urban Park and Recreation
Recovery Program

§ 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 neighborhood or community with a high prevalence 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 demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, including 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 improvement 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 subdivision of a State; and
(B) the District of Columbia.
(3) Innovation grant.—The term “innovation grant” means a matching grant to a local government to cover costs of personnel, facilities, equipment, supplies, or services designed to demonstrate innovative and cost-effective ways to augment park and recreation opportunities at the neighborhood level and to address common problems related to facility operations and improved delivery of recreation service, not including routine operation and maintenance activities.
(4) Maintenance.—The term “maintenance” means all commonly accepted practices necessary to keep recreation areas and facilities operating in a state of good repair and to protect them from deterioration resulting from normal wear and tear. ​
(5) Private, nonprofit agency.—The term “private, nonprofit agency” means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services directly to urban residents on a neighborhood or community-wide basis through voluntary donations, voluntary labor, or public or private grants.
(6) Recovery action program grant.—
(A) In general.—The term “recovery action 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 assessment, coordination, citizen involvement and planning, and program development activities 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 facility that is dedicated to recreation purposes and administered by a public or private nonprofit agency to serve the recreation needs of community residents. Emphasis shall be on public facilities readily accessible to residential neighborhoods, including multiple-use community centers that have recreation as one of their primary purposes, but excluding major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities.
(8) Rehabilitation grant.—The term “rehabilitation grant” means a matching capital grant to a local government for rebuilding, remodeling, 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 purpose local government” means a local or regional special district, public-purpose corporation, or other limited political subdivision of a State.
(B) Inclusions.—The term “special purpose local government” includes—
(i) a park authority;
(ii) a park, conservation, water, or sanitary 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.

§ 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 participate in this program, to be accompanied by a discussion of criteria used in determining eligibility. 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 purpose of the Urban Park and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 3538), of other general purpose local governments in metropolitan statistical areas as defined by the Director of the Office of Management and Budget.

(c) Priority Criteria for Project Selection and Approval.—

(1) In general.—The Secretary shall establish 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, particularly for minority and low- and moderate-income residents;
(D) public participation in determining rehabilitation or development needs;
(E) the extent to which a project supports or complements target activities undertaken as part of a local government’s overall community development and urban revitalization program;
(F) the extent to which a proposed project would provide—
(i) employment opportunities for minorities, 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 subsequent maintenance, staffing, or supervision of recreation areas and facilities; or
(iii) both; and
(G) the amount of State and private support for a project as evidenced by commitments 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:
(A) Programs that are targeted to youth who are at the greatest risk of becoming involved 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 addition to recreation opportunities.
(D) Programs that offer services during late night or other nonschool hours.
(E) Programs that demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental ​entities, including the private sector and community and nonprofit organizations.
(F) Programs that leverage public or private recreation investments in the form of services, materials, or cash.
(G) Programs that show the greatest potential of being continued with non-Federal funds or that can serve as models for other communities.

(d) Limitation of Funds.—Grants to discretionary applicants under subsection (b) may not be more than 15 percent of the total amount of funds appropriated under this chapter for rehabilitation grants, innovation grants, and recovery action program grants.

§ 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 Secretary’s approval of applications for the grants by the chief executive officials of those governments.

(b) Special Considerations.—An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action programs, with particular regard to the special considerations listed in section 200504(c)(2) of this title.

(c) Transfer.—If consistent with an approved application, a grant recipient may transfer a rehabilitation 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 offers recreation opportunities to the general population within the jurisdictional 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 rehabilitation 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.

§ 200504. Recovery action programs

(a) Evidence of Local Commitment to Ongoing Programs.—As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing 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 federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local government ​submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program development process. Following this interim period, all local applicants shall submit to the Secretary, as a condition of eligibility, a 5-year action program for park and recreation recovery that satisfactorily demonstrates—

(1) systematic identification of recovery objectives, priorities, and implementation strategies;
(2) adequate planning for rehabilitation of specific recreation areas and facilities, including 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 maintained, protected, staffed, and supervised;
(4) the intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding 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 applicant; and
(5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts.

(b) Continuing Planning Process.—Where appropriate, the Secretary may encourage local governments to meet action program requirements through a continuing planning process that includes periodic improvements and updates in action program submissions to eliminate 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 significance; 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 purposes;
(B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis;
(C) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents;
(D) integration of recovery program with federally assisted projects to maximize recreational 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 recreational use; and
(F) use of various forms of compensated and uncompensated land regulation, tax inducements, 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 Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs.

(e) Eligibility for At-Risk Youth Recreation Grants.—To be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incorporate 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 government is coordinating its recreation programs with crime prevention efforts of law enforcement, 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.

§ 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 percent of total project costs. The Federal matching amount shall not exceed 85 percent of total project cost.

(b) Adequate Implementation of Local Recovery 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 policies as set forth in statewide comprehensive outdoor recreation plans.

§ 200506. Non-Federal share of project costs

(a) Sources.—

(1) Allowable sources.—The non-Federal share of project costs assisted under this chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part of the local match only when the local government has not received a recovery action program grant. ​
(2) Non-allowable sources.—No amount from the Land and Water Conservation Fund or from any other Federal grant program other than the community development block grant programs shall be used to match Federal grants under this program.

(b) Encouragement of States and Private Interests.—The Secretary shall encourage States and private interests to contribute, to the maximum extent possible, to the non-Federal share of project costs.

§ 200507. Conversion of recreation property

No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord with the then-current local park and recreation recovery action program and only on such conditions as the Secretary considers necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness.

§ 200508. Coordination of program

The Secretary shall—

(1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other Federal agencies and with State agencies that administer programs and policies affecting urban areas, including programs in housing, urban development, natural resources management, employment, transportation, community services, and voluntary action;
(2) encourage maximum coordination of the program between State agencies and local applicants; and
(3) require that local applicants include provisions for participation of community and neighborhood residents and for public-private coordination in recovery planning and project selection.

§ 200509. Recordkeeping

(a) In General.—A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including—

(1) records that disclose—
(A) the amount and disposition of project undertakings in connection with which assistance under this chapter is given or used; and
(B) the amount and nature of the portion of the cost of the project or undertaking that is supplied by other sources; and
(2) such other records as will facilitate an effective audit.

(b) Access.—The Secretary and the Comptroller General shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter.

§ 200510. Inapplicability of matching provisions

Amounts authorized for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands are not subject to the matching provisions of this chapter, and may be subject only to such conditions, reports, plans, and agreements, if any, as the Secretary may determine.

​§ 200511. Funding limitations

(a) Limitation of Funds.—The amount of grants made under this chapter for projects in any one State for any fiscal year shall not be more than 15 percent of the amount made available for grants to all of the States for that fiscal year.

(b) Recovery Action Program Grants.—Not more than 3 percent of the amount made available for grants under this chapter for a fiscal year shall be used for recovery action program grants.

(c) Innovation Grants.—Not more than 10 percent of the amount made available for grants under this chapter for a fiscal year shall be used for innovation grants.

(d) Program Support.—Not more than 25 percent of the amount made available under this chapter to any local government shall be used for program support.

(e) No Land Acquisition.—No funds made available under this chapter shall be used for the acquisition of land or an interest in land.

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