I 

116TH CONGRESS 

2D SESSION H. R. 8246 

To authorize the Secretary of Housing and Urban Development to establish 

a program enabling communities to better leverage resources to address 

health, economic development, and conservation concerns through needed 

investments in parks, recreational areas, facilities, and programs, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2020 

Mr. SIRES introduced the following bill; which was referred to the Committee 

on Financial Services, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the Secretary of Housing and Urban Development to establish a program enabling communities to 

better leverage resources to address health, economic development, and conservation concerns through needed investments in parks, recreational areas, facilities, and programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Community Parks Revitalization Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—COMMUNITY PARKS REVITALIZATION PROGRAM 

Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Community parks revitalization program. 

Sec. 104. Requirements for rehabilitation and construction grants. 

Sec. 105. Requirements for innovation and recreation program grants. 

Sec. 106. Local commitments to system recovery and maintenance. 

Sec. 107. Matching of State amounts, State action incentive. 

Sec. 108. Conversion of recreation property. 

Sec. 109. Coordination of program. 

Sec. 110. Reports; recordkeeping; audit and examination. 

Sec. 111. Reports to Congress. 

Sec. 112. Definitions. 

Sec. 113. Regulations. 

Sec. 114. Authorization of appropriations. 

TITLE II—SECURED LOANS AND LOAN GUARANTEES FOR PARKS 

AND RECREATION INFRASTRUCTURE DEVELOPMENT 

Sec. 201. Purposes. 

Sec. 202. Authority to provide assistance. 

Sec. 203. Eligible entities. 

Sec. 204. Projects eligible for assistance. 

Sec. 205. Activities eligible for assistance. 

Sec. 206. Applications. 

Sec. 207. Determination of eligibility and project selection. 

Sec. 208. Secured loans and loan guarantees. 

Sec. 209. Program administration. 

Sec. 210. State and local permits. 

Sec. 211. Definitions. 

Sec. 212. Regulations. 

Sec. 213. Funding. 

Sec. 214. Report to Congress. 

6 TITLE I—COMMUNITY PARKS 

7 REVITALIZATION PROGRAM 

8 SEC. 101. FINDINGS. 

9 The Congress finds the following: 


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1 (1) Currently, over 80 percent of our Nation’s 

2 population lives in urban areas. 

3 (2) Economic competitiveness, which includes 

4 the ability to create jobs, stimulate growth, attract 

5 businesses, investment, tourism, and a highly skilled 

6 workforce, is closely related to the availability of 

7 fully functional park and recreation systems in 

8 America’s metropolitan areas. 

9 (3) According to the American Society of Civil 

10 Engineers, parks, beaches, and other recreational fa11 cilities contribute $730 billion per year to the U.S. 

12 economy, support nearly 6.5 million jobs, and con13 tribute to cleaner air and water and higher property 

14 values. 

15 (4) Despite spending on parks at the State and 

16 local levels, the acreage of parkland per resident in 

17 urban areas is declining due to rapid increases in 

18 population and to parks, such as Liberty State Park 

19 in New Jersey, being threatened by privatization. 

20 (5) A lack of access to public parks and recre21 ation areas and facilities, as well as deteriorating 

22 and unsafe play areas, leads to an increase in phys23 ical inactivity, which in turn contributes to higher 

24 rates of obesity. 


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1 (6) According to the Centers for Disease Con2 trol and Prevention, over the past 25 years, rates of 

3 obesity have more than tripled among adolescents 

4 ages 12 to 19 and doubled among adults ages 20 to 

5 74 and children ages 6 to 11. 

6 (7) Obesity and related health problems put a 

7 strain on our Nation’s economy, as the annual costs 

8 of medical spending and lost productivity from indi9 viduals in the United States being obese and over10 weight are estimated to be $147,000,000,000. 

11 (8) A study by the Centers for Disease Control 

12 found that the creation of, or enhanced access to, 

13 places for physical activity, such as parks, led to a 

14 25.6-percent increase in the percentage of people ex15 ercising on three or more days a week, which im16 proves the physical and mental health of our citi17 zens. 

18 (9) The guidelines of the Centers for Disease 

19 Control and Prevention for COVID–19 lists visiting 

20 parks close to home as a safe way to relieve stress, 

21 get some fresh air, and stay active, all of which are 

22 important for mental and physical health. 

23 (10) There are nearly 23 million veterans in the 

24 United States. Many have mental and physical disVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 abilities from injuries sustained during their service 

2 in Iraq and Afghanistan. 

3 (11) Parks and recreation agencies are pro4 viding vital programs for veterans, with and without 

5 disabilities, and for their families, that provide phys6 ical, mental, and social benefits to improve their 

7 overall quality of life as they transition to civilian 

8 living. 

9 (12) According to the Juvenile Justice Bulletin, 

10 without structured, supervised activities in the after11 school hours, youth are at greater risk of being vic12 tims of crime or participating in anti-social behav13 iors between 2:00 p.m. and 6:00 p.m. The peak hour 

14 for juvenile crime is between 3:00 p.m. and 4:00 

15 p.m., the first hour after most students are dis16 missed from school. Urban parks decrease juvenile 

17 delinquency by providing quality after-school pro18 grams during these critical hours. 

19 (13) Parks also add to the environmental viabil20 ity of communities. While cities currently spend tens 

21 of billions of dollars on treatment of storm water 

22 runoff and air pollution, studies have shown that 

23 parkland saves cities millions of dollars in storm 

24 water management and air pollution expenses by 


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1 capturing precipitation, reducing runoff, and absorb2 ing air pollutants. 

3 SEC. 102. PURPOSES. 

4 The purposes of this title are— 

5 (1) to authorize the Secretary of Housing and 

6 Urban Development to establish a program enabling 

7 communities to better leverage resources to address 

8 health, economic development, and conservation con9 cerns through needed investments in parks, rec10 reational areas, facilities, and programs; 

11 (2) to improve and revitalize urban areas 

12 through economic development; 

13 (3) to prevent and improve chronic disease out14 comes, including cardiovascular disease, diabetes, de15 pression, and obesity; 

16 (4) to improve recreational areas and facilities 

17 and expand recreation services in urban areas with 

18 a high incidence of crime and help expand recreation 

19 opportunities for at-risk youth; 

20 (5) to promote collaboration between local agen21 cies involved in parks and recreation, law enforce22 ment, youth social services, and juvenile justice sys23 tem; 

24 (6) to ensure accessibility to therapeutic recre25 ation services and to provide recreation opportunities 


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1 for injured or disabled members of the Armed 

2 Forces; and 

3 (7) to encourage the use of environmentally re4 sponsible components and sustainable landscape fea5 tures, and promote cost effective solutions to issues 

6 such as storm water management, water conserva7 tion, and air quality. 

8 SEC. 103. COMMUNITY PARKS REVITALIZATION PROGRAM. 

9 (a) IN GENERAL.—The Secretary of Housing and 

10 Urban Development shall carry out a community parks 

11 revitalization program under this title under which the 

12 Secretary shall, from amounts appropriated pursuant to 

13 section 114, award the following grants on a competitive 

14 basis: 

15 (1) REHABILITATION AND CONSTRUCTION

16 GRANTS.—The Secretary shall make rehabilitation 

17 and construction capital grants in accordance with 

18 the criteria established pursuant to section 104(a) to 

19 eligible local governments for the purpose of— 

20 (A) rebuilding, remodeling, expanding, in21 tegrating, or developing existing or building new 

22 recreational areas and facilities, including im23 provements in park landscapes, infrastructure, 

24 buildings, and support facilities; and 


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1 (B) the provision of lighting, emergency 

2 phones, or other capital improvements to im3 prove the security of urban parks, but not in4 cluding routine maintenance and upkeep activi5 ties. 

6 (2) INNOVATION AND RECREATION PROGRAM

7 GRANTS.—The Secretary shall make innovation and 

8 recreation program grants in accordance with the 

9 criteria established pursuant to section 105(a) to eli10 gible local governments to cover costs of personnel, 

11 facilities, equipment, supplies, or services designed 

12 to demonstrate innovative and cost effective ways to 

13 augment park and recreation opportunities, or sup14 port new or existing programs, that increase access 

15 to recreation opportunities for returning veterans 

16 and active duty military and their families or provide 

17 constructive alternatives for youth at risk for engag18 ing in criminal behavior. 

19 (3) RECOVERY ACTION PROGRAM GRANTS.— 

20 The Secretary shall make recovery action program 

21 grants to eligible local governments for planning and 

22 development of local park and recreation recovery 

23 action programs required under section 106, includ24 ing for resource and needs assessment, coordination, 

25 citizen involvement and planning, and program deVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 velopment activities to encourage public definition of 

2 goals and develop priorities and strategies for overall 

3 recreation system recovery. 

4 (b) ELIGIBILITY.— 

5 (1) IN GENERAL.—For the purposes of this 

6 title, any local government located within a standard 

7 metropolitan statistical area, as determined in ac8 cordance with the most recent decennial Census, 

9 shall be eligible to apply for and receive grant 

10 awards pursuant to subsection (a). 

11 (2) PARTIAL ELIGIBILITY WAIVER.— 

12 (A) DESIGNATION.—The Secretary may 

13 designate local governments not located within 

14 standard metropolitan statistical areas, as de15 termined in accordance with the most recent de16 cennial Census, as eligible to receive grant 

17 awards pursuant to subsection (a). 

18 (B) LIMITATION ON AMOUNTS.—The ag19 gregate amount of grants made to eligible local 

20 governments that receive such status pursuant 

21 to subparagraph (A) of this paragraph shall not 

22 exceed 15 percent of the total amounts appro23 priated pursuant to this title for all grants 

24 under subsection (a). 

25 (c) MATCHING REQUIREMENT.— 


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1 (1) IN GENERAL.—The Secretary shall ensure 

2 that each eligible local government that receives a 

3 grant pursuant to subsection (a) shall supplement, 

4 in accordance with this subsection, the amount re5 ceived under such grant with an amount that is not 

less than 3 6 ⁄7 of such grant amount; except that, in 

7 the case of grants under subsection (a)(3), the Sec8 retary shall ensure that each eligible local govern9 ment shall supplement the amount received under 

10 such grant with amount that is not less than such 

11 grant amount. 

12 (2) USE.—Supplemental amounts made avail13 able in accordance with paragraph (1) shall be used 

14 only for projects and activities for which grant 

15 amounts are eligible to be used. 

16 (3) SOURCES FOR SUPPLEMENTAL FUNDS.— 

17 (A) LIMITATION ON FEDERAL FUNDS.— 

18 Supplemental funds required by paragraph (1) 

19 may not include any amounts made available 

20 from a Federal grant program, other than— 

21 (i) the community development block 

22 grant program under title I of the Housing 

23 and Community Development Act of 1974 

24 (42 U.S.C. 5301 et seq.); 


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1 (ii) any Federal program for general 

2 revenue sharing with local governments; or 

3 (iii) any Federal program that pro4 vides block grants to States and localities 

5 to develop, promote, implement, and man6 age energy efficiency and conservation 

7 projects and programs designed to reduce 

8 fossil fuel emissions, reduce energy use, 

9 improve energy efficiency, and create and 

10 retain jobs. 

11 (B) STATE AND PRIVATE AMOUNTS.—The 

12 Secretary may require that a portion of the 

13 supplemental funds required by paragraph (1) 

14 come from the State or private sources. 

15 (C) NON-FEDERAL FUNDS.—Supplemental 

16 funds required by paragraph (1) may include— 

17 (i) general or specific purpose State or 

18 local revenues; 

19 (ii) State categorical grants; 

20 (iii) special appropriations under 

21 State law; 

22 (iv) donations of land, building, or 

23 building materials; 

24 (v) in-kind construction, technical, 

25 and planning services; and 


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1 (vi) any combination of funds de2 scribed in this subparagraph. 

3 (d) TRANSFER.—At the discretion of an eligible local 

4 government receiving a rehabilitation and construction 

5 grant under subsection (a)(1) or an innovation and recre6 ation program grant under subsection (a)(2), and if con7 sistent with the approved application for such grant, the 

8 a grant may be transferred in whole or in part to private 

9 nonprofit agencies, provided that assisted recreational 

10 areas and facilities owned or managed by such private 

11 nonprofit agencies offer recreation opportunities to the 

12 general population within the jurisdictional boundaries of 

13 the local government. 

14 (e) PAYMENTS.—Grant payments may be made only 

15 for rehabilitation and construction or innovation and 

16 recreation projects and programs approved by the Sec17 retary. In the case of rehabilitation and construction and 

18 innovation projects, such payments may be made periodi19 cally consistent with the rate of progress toward the satis20 factory completion of a project, except that the Secretary 

21 may, when appropriate, make advance payments on ap22 proved rehabilitation and construction and innovation 

23 projects in an amount not to exceed 20 percent of the total 

24 project cost. 


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1 (f) MODIFICATION OF PROJECT.—The Secretary may 

2 authorize modification of an approved rehabilitation and 

3 construction or innovation project only when a grantee has 

4 adequately demonstrated that such modification is nec5 essary because of circumstances not foreseeable at the 

6 time such project was proposed. 

7 SEC. 104. REQUIREMENTS FOR REHABILITATION AND CON8 STRUCTION GRANTS. 

9 (a) PRIORITY CRITERIA.—The Secretary shall estab10 lish priority criteria for the selection and approval of 

11 projects to be funded by a rehabilitation and construction 

12 grant made pursuant to section 103(a)(1), which shall in13 clude whether and the extent to which the project would— 

14 (1) serve a community with a high population 

15 density; 

16 (2) address demonstrated deficiencies in the 

17 condition of existing recreational areas and facilities 

18 in the project neighborhood; 

19 (3) address demonstrated deficiencies in access 

20 to neighborhood recreation opportunities, particu21 larly for minority and low- and moderate-income 

22 residents, veterans or active duty military families, 

23 and residents with physical or mental disabilities; 


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1 (4) serve a community with a higher than aver2 age number of unemployed people as a percentage of 

3 the civilian labor force of the project neighborhood; 

4 (5) include public participation in determining 

5 rehabilitation or development needs and the extent 

6 to which a project supports or complements target 

7 activities undertaken as part of a local government’s 

8 overall community development and urban revitaliza9 tion program; 

10 (6) provide employment opportunities for mi11 norities, youth, and low- and moderate-income resi12 dents in the project neighborhood; 

13 (7) provide for participation of neighborhood, 

14 nonprofit, or tenant organizations in the proposed 

15 rehabilitation and construction activity or in subse16 quent maintenance, staffing, or supervision of rec17 reational areas and facilities; 

18 (8) demonstrate State, local, and private sup19 port for the project, as evidenced by commitments of 

20 non-Federal resources to project construction or op21 eration; 

22 (9) build recreational areas and facilities in 

23 areas that are located within one-half of a mile of 

24 public housing or a school and do not currently have 

25 indoor or outdoor facilities; 


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1 (10) create, maintain, or revitalize playgrounds 

2 or active play areas for children; 

3 (11) connect children to the outdoors for phys4 ical activity and access to nature; 

5 (12) promote physical activity for individuals 

6 and the community at large; 

7 (13) work collaboratively with local govern8 ments, colleges, and universities, and other institu9 tions to track the longitudinal rates of chronic dis10 eases in the community such as cardiovascular dis11 ease, diabetes, depression, and obesity; 

12 (14) use environmentally beneficial components 

13 such as sustainable landscape features and upcycled 

14 and recycled materials; 

15 (15) provide environmental benefits to urban 

16 areas, by including— 

17 (A) updating lighting; 

18 (B) planting trees; 

19 (C) increasing the urban forestry canopy; 

20 (D) improving stormwater management; 

21 (E) increasing green infrastructure; 

22 (F) employing water conservation meas23 ures; or 

24 (G) adding green spaces; 

25 (16) connect to public transportation; 


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1 (17) apply the LEED Green Building Guide2 lines of the U.S. Green Building Council or other 

3 sustainability benchmarks that incorporate energy 

4 efficiency components, such as energy efficient light5 ing and heating ventilation and air conditioning 

6 (HVAC) systems and apply the SITES sustainable 

7 landscape guidelines of the Sustainable Sites Initia8 tive; 

9 (18) contain safe trails or routes, such as trails, 

10 bikeways, and sidewalks that connect to neighbor11 hoods and enhance access to parks and recreational 

12 areas and facilities; and 

13 (19) update existing equipment or facilities or 

14 construct new facilities or sites, to comply with the 

15 most recent accessibility guidelines published by the 

16 United States Access Board, specifically by removing 

17 architectural barriers so that sites comply or exceed 

18 the requirements of the final guidelines for the ac19 cessibility of recreational areas and facilities. 

20 (b) LIMITATION ON USE OF FUNDS.—Not more than 

21 10 percent of any amounts made available pursuant to 

22 section 114 for rehabilitation and construction grants 

23 under section 103(a)(1) in any fiscal year may be used 

24 for the acquisition of lands or interests in land. 


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1 SEC. 105. REQUIREMENTS FOR INNOVATION AND RECRE2 ATION PROGRAM GRANTS. 

3 (a) PRIORITY CRITERIA.—The Secretary shall estab4 lish priority criteria for the selection and approval of 

5 projects and programs to be funded by an innovation and 

6 recreation program grant made pursuant to section 

7 103(a)(2), including whether and the extent to which the 

8 project or program— 

9 (1) promotes the unique integration of recre10 ation with other community services, such as trans11 portation, public housing and public safety, either to 

12 expand or update current services or to link pro13 grams within the social service structure of a neigh14 borhood or between neighborhoods; 

15 (2) utilizes new management and cost-saving or 

16 service-efficient approaches for improving the deliv17 ery of recreation services; 

18 (3) serves communities with a high population 

19 of active military families or veterans; 

20 (4) ensures accessibility to therapeutic recre21 ation services and provides recreation opportunities 

22 for injured or disabled members of the Armed 

23 Forces; 

24 (5) employs veterans or youth, or uses youth 

25 volunteers; 


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1 (6) enhances or expands youth development in 

2 neighborhoods and communities by engaging youth 

3 in environmental stewardship, conservation, and 

4 service projects; 

5 (7) targets youth that are at the greatest risk 

6 of becoming involved in violence and crime; 

7 (8) demonstrates past success in providing con8 structive alternatives to youth at risk for engaging 

9 in criminal behavior; 

10 (9) demonstrates collaboration between local 

11 park and recreation, juvenile justice, law enforce12 ment, and youth social service agencies and non13 governmental entities, including private, nonprofit 

14 agencies; and 

15 (10) shows the greatest potential of being con16 tinued with non-Federal funds or may serve as mod17 els for other communities. 

18 (b) SPECIAL CONSIDERATIONS.—Each innovation 

19 and recreation program grant shall be used in accordance 

20 with the goals, priorities, and implementation strategies 

21 expressed in the local park and recreation recovery action 

22 program established pursuant to section 106 for the eligi23 ble local government receiving the grant, with particular 

24 regard to the special considerations set forth in the pro25 gram pursuant to section 106(b). 


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1 SEC. 106. LOCAL COMMITMENTS TO SYSTEM RECOVERY 

2 AND MAINTENANCE. 

3 (a) LOCAL PARK AND RECREATION RECOVERY AC4 TION PROGRAMS.— 

5 (1) IN GENERAL.—As a requirement for ap6 proval of a project or program for a grant under 

7 paragraph (1) or (2) of section 103(a), the eligible 

8 local government applying for the grant shall submit 

9 to the Secretary a local park and recreation recovery 

10 action program that— 

11 (A) provides evidence of its commitment to 

12 ongoing planning, rehabilitation, service, oper13 ation, and maintenance programs for its park 

14 and recreation systems; and 

15 (B) maximizes coordination of all commu16 nity resources, including other federally sup17 ported urban development and recreation pro18 grams. 

19 (2) INTERIM PRELIMINARY PROGRAMS.—The 

20 Secretary shall provide, by regulation, that during 

21 an initial interim period the requirement under para22 graph (1) for an eligible local government to submit 

23 a local park and recreation recover action program 

24 may be satisfied by submission of a preliminary ac25 tion program to be carried out by the eligible local 

26 government that defines objectives, priorities, and 


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1 implementation strategies for overall system recovery 

2 and maintenance and commit such local government 

3 to a scheduled program development process. 

4 (3) 5-YEAR ACTION PROGRAM.—After the expi5 ration of the interim period under paragraph (2), 

6 each eligible local government that applies for a 

7 grant under paragraph (1) or (2) of section 103(a) 

8 shall, as a condition of eligibility for such grant, sub9 mit to the Secretary a 5-year park and recreation re10 covery action program that demonstrates— 

11 (A) identification of recovery objectives, 

12 priorities, and implementation strategies; 

13 (B) adequate planning for rehabilitation of 

14 specific recreational areas and facilities, includ15 ing projections of the cost of proposed projects; 

16 (C) capacity and commitment to ensure 

17 that facilities provided or improved under this 

18 title shall thereafter continue to be adequately 

19 maintained, protected, staffed, and supervised; 

20 (D) intention to maintain total local public 

21 outlays for park and recreation purposes at lev22 els at least equal to those in the year preceding 

23 that in which grant assistance is sought, except 

24 in any case where a reduction in park and 


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1 recreation outlays is proportionate to a reduc2 tion in overall spending by the applicant; and 

3 (E) the relationship of the park and recre4 ation recovery action program to overall com5 munity development and urban revitalization ef6 forts. 

7 (4) CONTINUING PLANNING PROCESS.—The 

8 Secretary may, in such cases as the Secretary con9 siders appropriate, encourage local governments to 

10 meet recovery action program requirements under 

11 this section through a continuing planning process 

12 that includes periodic improvements and updates in 

13 recovery action program submissions to eliminate 

14 identified gaps in program information and policy 

15 development. 

16 (b) SPECIAL CONSIDERATIONS.—Each local park and 

17 recreation recovery action program required by this sec18 tion shall address, at a minimum, the following special 

19 considerations: 

20 (1) Rehabilitation of existing recreational areas 

21 and facilities, including— 

22 (A) general systemwide renovation; 

23 (B) special rehabilitation requirements for 

24 recreational areas and facilities in areas of high 


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1 population concentration and economic distress; 

2 and 

3 (C) restoration of outstanding or unique 

4 structures, landscaping, or similar features in 

5 parks of historical or architectural significance. 

6 (2) Local commitments to innovative and cost7 effective programs and projects at the neighborhood 

8 level to augment recovery of park and recreation sys9 tems, including— 

10 (A) recycling of abandoned schools and 

11 other public buildings for recreation purposes; 

12 (B) multiple use of operating educational 

13 and other public buildings; 

14 (C) purchase of recreation services on a 

15 contractual basis; 

16 (D) use of mobile facilities and recreation17 al, cultural, and educational programs or other 

18 innovative approaches to improving access for 

19 neighborhood residents; 

20 (E) integration of the recovery action pro21 gram with federally assisted projects to maxi22 mize recreation opportunities through conver23 sion of abandoned railroad and highway rights24 of-way, waterfront, and other redevelopment efVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 forts and such other federally assisted projects, 

2 as appropriate; 

3 (F) conversion to recreational use of street 

4 space, derelict land, and other public lands not 

5 now designated for neighborhood recreational 

6 use; and 

7 (G) use of various forms of compensated 

8 and uncompensated land regulation, tax induce9 ments, or other means to encourage the private 

10 sector to provide neighborhood park and recre11 ation facilities and programs. 

12 (c) PUBLICATION OF REQUIREMENTS.—The Sec13 retary shall establish and publish in the Federal Register 

14 requirements for preparation, submission, and updating of 

15 local park and recreation recovery action programs re16 quired under this section. 

17 (d) INNOVATION AND RECREATION PROGRAM

18 GRANTS FOR AT-RISK YOUTH.—To be eligible to receive 

19 an innovation and recreation program grant under section 

20 103(a)(2) to be used to provide recreation opportunities 

21 or programs for at-risk youth, an eligible local government 

22 shall— 

23 (1) include in its 5-year park and recreation re24 covery action program required under subsection 

25 (a)(3) the goal of— 


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1 (A) utilizing new ideas, concepts, and ap2 proaches aimed at improving facility design, op3 erations, or programming in the delivery of 

4 recreation services; 

5 (B) increased access of therapeutic or 

6 other recreation services to veterans and mili7 tary families; or 

8 (C) reducing crime and juvenile delin9 quency; and 

10 (2) provide a description of— 

11 (A) implementation strategies to achieve 

12 such goals; and 

13 (B) how the local government is coordi14 nating its recreation programs with other com15 munity development or service agencies. 

16 SEC. 107. MATCHING OF STATE AMOUNTS, STATE ACTION 

17 INCENTIVE. 

18 (a) INCREASE IN GRANT AMOUNTS.—The Secretary 

19 may increase Federal rehabilitation and construction, in20 novation, and at-risk youth recreation grants authorized 

21 in section 103(a) by providing an additional match equal 

22 to the total match provided by a State of up to 15 percent 

23 of total project or program costs, except that in no event 

24 may— 


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1 (1) such additional grant amount exceed 15 

2 percent of the total project or program cost; or 

3 (2) the aggregate amount of the grant and the 

4 additional grant amounts under this subsection ex5 ceed 85 percent of total project or program cost. 

6 (b) STATE ACTION INCENTIVE.—The Secretary shall 

7 further encourage the States to assist in assuring that 

8 local recovery plans and programs are adequately imple9 mented by cooperating with the Department of Housing 

10 and Urban Development in monitoring local park and 

11 recreation recovery action programs and in assuring con12 sistency of such plans and programs, where appropriate, 

13 with State recreation policies as set forth in statewide 

14 comprehensive outdoor recreation plans. 

15 SEC. 108. CONVERSION OF RECREATION PROPERTY. 

16 (a) NO CONVERSION WITHOUT APPROVAL.—No 

17 property improved or developed with assistance under a 

18 grant under this title may be converted for uses other than 

19 for public recreation, without the approval of the Sec20 retary. 

21 (b) STANDARD FOR APPROVAL.—The Secretary may 

22 approve such conversion only— 

23 (1) if the Secretary determines the conversion 

24 to be consistent with the current local park and 

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1 ernment that improved or developed the property; 

2 and 

3 (2) subject to such conditions as the Secretary 

4 determines necessary to ensure the provision of ade5 quate recreation properties and opportunities of rea6 sonably equivalent location and usefulness. 

7 SEC. 109. COORDINATION OF PROGRAM. 

8 The Secretary shall— 

9 (1) coordinate the community parks revitaliza10 tion program for grants under this title with other 

11 Federal departments and agencies and with State 

12 agencies that administer programs and policies af13 fecting urban areas such as the White House Office 

14 of Urban Policy and departments that administer 

15 programs and policies affecting climate change, 

16 green jobs, housing, urban development, natural re17 sources management, employment, transportation, 

18 community services, and voluntary action; 

19 (2) encourage maximum coordination of the 

20 program between appropriate State agencies and 

21 local government applicants; and 

22 (3) require that local government applicants in23 clude provisions for participation of community and 

24 neighborhood residents, including youth, and for 


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1 public-private coordination in recovery action pro2 gram planning and project selection. 

3 SEC. 110. REPORTS; RECORDKEEPING; AUDIT AND EXAM4 INATION. 

5 (a) REPORTS.—Each recipient of assistance under 

6 this title shall submit to the Secretary, for each fiscal year 

7 such assistance is received, an annual report detailing the 

8 projects and programs undertaken with such assistance, 

9 the number of jobs created by such assistance, and any 

10 other information the Secretary determines appropriate 

11 based on the priority criteria established by the Secretary 

12 under sections 105 and 106. 

13 (b) RECORDKEEPING.—Each recipient of assistance 

14 under this title shall keep such records as the Secretary 

15 shall prescribe, including records that fully disclose the 

16 amount and disposition of project or program under17 takings in connection with which assistance under this 

18 title is given or used, and the amount and nature of that 

19 portion of the cost of the project or program undertaking 

20 supplied by other sources, and such other records as will 

21 facilitate an effective audit. 

22 (c) AUDIT AND EXAMINATION.—The Secretary and 

23 the Comptroller General of the United States, or their 

24 duly authorized representatives, shall have access, for the 

25 purpose of audit and examination, to any books, docuVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 ments, papers, and records of a recipient of assistance 

2 under this title that are pertinent to such assistance. 

3 SEC. 111. REPORTS TO CONGRESS. 

4 (a) INTERIM REPORT.—Not later than 5 years after 

5 the date of enactment of this Act, the Secretary shall sub6 mit to the Congress an interim report containing such 

7 findings and recommendations as the Secretary deter8 mines appropriate with respect to the community parks 

9 revitalization program established pursuant to this title. 

10 (b) FINAL REPORT.—Not later than 10 years after 

11 the date of enactment of this Act, the Secretary shall sub12 mit to Congress a report describing the overall impact of 

13 the community parks revitalization program established 

14 pursuant to this title. 

15 SEC. 112. DEFINITIONS. 

16 In this title, the following definitions shall apply: 

17 (1) The term ‘‘eligible local government’’ means 

18 a local government that, pursuant to section 103(b), 

19 is eligible for a grant under section 103(a). 

20 (2) The term ‘‘insular areas’’ means Guam, the 

21 Virgin Islands, American Samoa, and the Northern 

22 Mariana Islands. 

23 (3) The term ‘‘local government’’ means any 

24 city, county, town, township, parish, village, or any 


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1 local or regional special district, such as a park dis2 trict, conservation district, or park authority. 

3 (4) The term ‘‘maintenance’’ means all com4 monly accepted practices necessary to keep rec5 reational areas and facilities operating in a state of 

6 good repair and to protect such areas and facilities 

7 from deterioration resulting from normal wear and 

8 tear. 

9 (5) The term ‘‘private nonprofit agency’’ means 

10 a community-based, non-profit organization, cor11 poration, or association organized for purposes of 

12 providing recreation, conservation, and educational 

13 services directly to urban residents on either a 

14 neighborhood or community-wide basis through vol15 untary donations, voluntary labor, or public or pri16 vate grants. 

17 (6) The term ‘‘recreational areas and facilities’’ 

18 means indoor or outdoor parks, buildings, sites, or 

19 other facilities that are dedicated to recreation pur20 poses and administered by public or private non21 profit agencies to serve the recreation needs of com22 munity residents, with emphasis on public facilities 

23 readily accessible to residential neighborhoods, in24 cluding multiple-use community centers that have 

25 recreation as a primary purpose, but not including 


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1 major sports arenas, exhibition areas, and con2 ference halls used primarily for commercial sports, 

3 spectator, or display activities. 

4 (7) The term ‘‘Secretary’’ means the Secretary 

5 of Housing and Urban Development. 

6 (8) The term ‘‘State’’ means any State of the 

7 United States (or any instrumentality of a State ap8 proved by the Governor), the District of Columbia, 

9 and the Commonwealth of Puerto Rico. 

10 SEC. 113. REGULATIONS. 

11 (a) REGULATIONS.—Not later than 180 days after 

12 the date of the enactment of this Act, the Secretary shall 

13 promulgate regulations establishing the community parks 

14 revitalization program under this title to provide the 

15 grants authorized in section 103(a), in accordance with 

16 this title. 

17 (b) REQUIREMENTS.—The regulations required 

18 under this section shall include— 

19 (1) the criteria necessary to carry out sections 

20 104, 105, and 106; 

21 (2) requirements regarding the form of, and 

22 elements to be included in, applications by eligible 

23 local governments for grants under this title, re24 quirements for and detailed instructions on the procVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 ess for submitting such applications, and deadlines 

2 for such applications; 

3 (3) criteria pursuant to sections 104(a) and 

4 105(a) for priority in selection and approval by the 

5 Secretary of projects or programs to receive grant 

6 funds; 

7 (4) guidelines regarding whether an applicant 

8 may modify a pending application and the process 

9 for modifying pending applications, and guidelines 

10 for submitting a request for modification of a project 

11 awarded grant funding under this title after such an 

12 award has been made; and 

13 (5) penalties that will be assessed on local gov14 ernments awarded a grant under this title for failure 

15 to comply with the reporting and recordkeeping re16 quirements under section 110, which shall provide 

17 penalties up to and including rescission of grant 

18 amounts for repetitive violations. 

19 SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There are authorized to be appro21 priated such sums as may be necessary to carry out this 

22 title for each of fiscal years 2021 through 2030. 

23 (b) LIMITATION ON INNOVATION AND RECREATION

24 PROGRAM GRANTS.—Not more than 10 percent of any 

25 amounts appropriated pursuant to subsection (a) of this 


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1 section in any fiscal year may be used for grants under 

2 section 103(a)(2). 

3 (c) LIMITATION ON RECOVERY ACTION PROGRAM

4 GRANTS.—Not more than 3 percent of any amounts ap5 propriated pursuant to subsection (a) of this section in 

6 any fiscal year may be used for grants under section 

7 103(a)(3). 

8 (d) GRANTS FOR INSULAR AREAS.—Notwithstanding 

9 any other provision of this title, the Secretary may use 

10 not more than 2 percent of any amounts appropriated pur11 suant to subsection (a) in any fiscal year may to provide 

12 rehabilitation and construction grants under section 

13 103(a)(1), innovation and recreation program grants 

14 under section 103(a)(2), and recovery action program 

15 grants under section 103(a)(3) to be used in the insular 

16 areas. Any such grants shall not be subject to sections 

17 103(c) and 107(a) (relating to matching amounts), and 

18 may only be subject to such conditions, reports, plans, and 

19 agreements, if any, as determined by the Secretary. 


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1 TITLE II—SECURED LOANS AND 

2 LOAN GUARANTEES FOR 

3 PARKS AND RECREATION IN4 FRASTRUCTURE DEVELOP5 MENT 

6 SEC. 201. PURPOSES. 

7 The purposes of this title are— 

8 (1) to promote increased development of parks 

9 and recreation infrastructure by establishing addi10 tional opportunities for financing parks and recre11 ation projects; 

12 (2) to attract new investment capital to infra13 structure projects that are capable of generating rev14 enue streams through user fees or other dedicated 

15 funding sources; 

16 (3) to complement existing Federal funding 

17 sources and address budgetary constraints on the 

18 National Park Service; and 

19 (4) to leverage private investment in parks and 

20 recreation infrastructure. 

21 SEC. 202. AUTHORITY TO PROVIDE ASSISTANCE. 

22 The Secretary of Housing and Urban Development 

23 may provide financial assistance under section 208 to eli24 gible entities to carry out parks and infrastructure 


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1 projects selected for such assistance pursuant to section 

2 207. 

3 SEC. 203. ELIGIBLE ENTITIES. 

4 Financial assistance under section 208 may be pro5 vided only to the following entities: 

6 (1) A corporation. 

7 (2) A partnership. 

8 (3) A joint venture. 

9 (4) A trust. 

10 (5) A Federal, State, or local governmental en11 tity, agency, or special purpose park and recreation 

12 district. 

13 (6) A State infrastructure financing authority. 

14 SEC. 204. PROJECTS ELIGIBLE FOR ASSISTANCE. 

15 Financial assistance may be provided under section 

16 208, subject to section 207, only for the following types 

17 of projects: 

18 (1) A project for the development of indoor or 

19 outdoor parks, buildings, sites, or other facilities 

20 that are dedicated to recreation purposes and ad21 ministered by public or private nonprofit agencies to 

22 serve the recreation needs of community residents, 

23 including multiple-use community centers that have 

24 recreation as a primary purpose, but not including 

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1 ference halls used primarily for commercial sports, 

2 spectator, or display activities. 

3 (2) A project for the construction, planning, 

4 and design of on-road and off-road trail facilities for 

5 pedestrians, bicyclists, and other nonmotorized 

6 forms of transportation, including sidewalks, bicycle 

7 infrastructure, pedestrian and bicycle signals, traffic 

8 calming techniques, lighting and other safety-related 

9 infrastructure, and transportation projects to 

10 achieve compliance with the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12101 et seq.). 

12 (3) A project for the construction, planning, 

13 and design of infrastructure-related projects and 

14 systems that will provide safe routes for non-drivers, 

15 including children, older adults, and individuals with 

16 disabilities to access daily needs. 

17 (4) A project for the conversion and use of 

18 abandoned railroad corridors for trails for pedes19 trians, bicyclists, or other nonmotorized transpor20 tation users. 

21 (5) A project for the construction of turnouts, 

22 overlooks, and viewing areas. 


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1 SEC. 205. ACTIVITIES ELIGIBLE FOR ASSISTANCE. 

2 Amounts from a loan made or guaranteed under sec3 tion 208 provided for an eligible project may be used for 

4 costs of carrying out such project, including costs of— 

5 (1) development-phase activities, including plan6 ning, feasibility analysis, revenue forecasting, envi7 ronmental review, permitting, preliminary engineer8 ing and design work, and other preconstruction ac9 tivities; 

10 (2) construction, reconstruction, rehabilitation, 

11 preservation, and replacement activities; 

12 (3) the acquisition of real property (including 

13 water rights, land relating to the project, and im14 provements to land), environmental mitigation, con15 struction contingencies, and acquisition of equip16 ment; 

17 (4) capitalized interest necessary to meet mar18 ket requirements, reasonably required reserve funds, 

19 capital issuance expenses, and other carrying costs 

20 during construction; and 

21 (5) refinancing interim construction funding, 

22 long-term project obligations, or a secured loan or 

23 loan guarantee made under this title. 

24 SEC. 206. APPLICATIONS. 

25 (a) IN GENERAL.—The Secretary shall provide for el26 igible entities to submit applications for selection of eligiVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 ble projects to receive financial assistance under section 

2 208, at such time, in such manner, and containing such 

3 information as the Secretary may require. 

4 (b) COMBINED PROJECTS.—The Secretary shall pro5 vide that in the case only of an eligible entity described 

6 in section 203(6), such an entity may submit a single ap7 plication for a combination of projects, each of which is 

8 an eligible project under paragraphs (1) through (5) of 

9 section 205. 

10 SEC. 207. DETERMINATION OF ELIGIBILITY AND PROJECT 

11 SELECTION. 

12 (a) SELECTION OF PROJECTS.—Using the selection 

13 criteria under subsection (c) of this section, the Secretary 

14 shall select, from applications submitted pursuant to sec15 tion 206, eligible projects that meet the criteria under sub16 section (b) of this section for financial assistance under 

17 section 208. 

18 (b) PROJECT REQUIREMENTS.—An eligible project 

19 may not be selected to receive financial assistance under 

20 section 208 unless the Secretary determines that the 

21 project meets all of the following criteria: 

22 (1) CREDITWORTHINESS.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the project shall be creditworthy, as 

25 determined by the Secretary as applicable, to 


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1 shall ensure that any financing for the project 

2 has appropriate security features, such as a 

3 rate covenant, to ensure repayment. 

4 (B) PRELIMINARY RATING OPINION LET5 TER.—The Secretary shall require the applicant 

6 for each project to provide, as part of the appli7 cation for the project under section 206, a pre8 liminary rating opinion letter from at least one 

9 rating agency indicating that the senior project 

10 obligations of the project (which may be the 

11 Federal credit instrument) have the potential to 

12 achieve an investment-grade rating. 

13 (C) SPECIAL RULE FOR CERTAIN COM14 BINED PROJECTS.—The Secretary shall develop 

15 a credit evaluation process for a Federal credit 

16 instrument provided to a State infrastructure 

17 financing authority for a project described in 

18 section 206(b), which may include requiring the 

19 provision of a preliminary rating opinion letter 

20 from at least one rating agency. 

21 (2) ELIGIBLE PROJECT COSTS.—The costs of 

22 the eligible project shall be reasonably anticipated to 

23 be not less than $20,000,000. 

24 (3) DEDICATED REVENUE SOURCES.—The Fed25 eral credit instrument for the project shall be repayVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 able, in whole or in part, from dedicated revenue 

2 sources that also secure the project obligations. 

3 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI4 TIES.—In the case of a project carried out by an en5 tity that is not a State or local government or an 

6 agency or instrumentality of a State or local govern7 ment, the project shall be publicly sponsored. 

8 (c) SELECTION CRITERIA.— 

9 (1) ESTABLISHMENT.—The Secretary shall es10 tablish criteria for the selection of projects that meet 

11 the eligibility requirements of subsection (b). Such 

12 criteria shall be designed to ensure a diversity of 

13 project types and geographical locations, and shall 

14 include the following: 

15 (A) The extent to which the project is 

16 statewide or regionally significant, with respect 

17 to the generation of increased recreational op18 portunities. 

19 (B) The extent to which assistance under 

20 this title would foster innovative public-private 

21 partnerships and attract private debt or equity 

22 investment. 

23 (C) The likelihood that assistance under 

24 this title would enable the project to proceed at 


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1 an earlier date than the project would otherwise 

2 be able to proceed. 

3 (D) The extent to which the project uses 

4 new or innovative approaches. 

5 (E) The amount of budget authority re6 quired to fund the Federal credit instrument 

7 for the project made available under this title. 

8 (F) The extent to which the project helps 

9 maintain or protect the environment. 

10 (G) The extent to which assistance under 

11 this section reduces the contribution of Federal 

12 grant assistance to the project. 

13 (2) SPECIAL RULE FOR CERTAIN COMBINED

14 PROJECTS.—For a project described in section 

15 206(b), the Secretary shall only consider the criteria 

16 described in subparagraphs (B) through (G) of para17 graph (1). 

18 (d) FEDERAL REQUIREMENTS.—Nothing in this sec19 tion may be construed to alter, affect, or annul the appli20 cability of any other Federal laws or regulations. 

21 SEC. 208. SECURED LOANS AND LOAN GUARANTEES. 

22 (a) AUTHORITY.—The Secretary may enter into 

23 agreements with eligible entities to make, and may make, 

24 secured loans to such entities as provided under this secVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 tion for eligible projects selected under section 207 for fi2 nancial assistance under this section. 

3 (b) USE.— 

4 (1) IN GENERAL.—The proceeds of a secured 

5 loan under this section shall be used only— 

6 (A) to finance eligible project costs of an 

7 eligible project selected under section 207; 

8 (B) subject to paragraph (2) of this sub9 section, to refinance interim construction fi10 nancing of eligible project costs of an eligible 

11 project selected under section 207; or 

12 (C) to refinance long-term project obliga13 tions or Federal credit instruments, if such refi14 nancing provides additional funding capacity for 

15 the completion, enhancement, or expansion of a 

16 project that— 

17 (i) is selected under section 207; or 

18 (ii) was originally financed, in whole 

19 or in part, with amounts provided other 

20 than under this title, if the project other21 wise meets the requirements of section 

22 207. 

23 (2) LIMITATION ON REFINANCING OF INTERIM

24 CONSTRUCTION FINANCING.—The proceeds of a se25 cured loan under this section made for an eligible 


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1 project may not be used for the purpose under para2 graph (1)(B) after the expiration of the 12-month 

3 period beginning upon the date of substantial com4 pletion of the project. 

5 (c) RISK ASSESSMENT.—Before entering into an 

6 agreement under this subsection for a secured loan, the 

7 Secretary, in consultation with the Director of the Office 

8 of Management and Budget and each rating agency pro9 viding a preliminary rating opinion letter under section 

10 207(b)(1)(B), shall determine an appropriate capital re11 serve subsidy amount for the secured loan, taking into ac12 count each such preliminary rating opinion letter. 

13 (d) INVESTMENT-GRADE RATING REQUIREMENT FOR

14 SENIOR OBLIGATIONS.—The execution of a secured loan 

15 under this section shall be contingent on receipt by the 

16 senior obligations of the project of an investment-grade 

17 rating. 

18 (e) TERMS AND LIMITATIONS.— 

19 (1) MAXIMUM AMOUNT.—The amount of a se20 cured loan under this section shall not exceed the 

21 lesser of— 

22 (A) an amount equal to 49 percent of the 

23 reasonably anticipated eligible project costs; or 


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1 (B) if the secured loan does not receive an 

2 investment-grade rating, the amount of the sen3 ior project obligations of the project. 

4 (2) PAYMENT.—A secured loan under this sec5 tion— 

6 (A) shall be payable, in whole or in part, 

7 from State or local taxes, user fees, or other 

8 dedicated revenue sources that also secure the 

9 senior project obligations of the relevant 

10 project; 

11 (B) shall include a rate covenant, coverage 

12 requirement, or similar security feature sup13 porting the project obligations; and 

14 (C) may have a lien on revenues described 

15 in subparagraph (A), subject to any lien secur16 ing project obligations. 

17 (3) INTEREST RATE.—The interest rate on a 

18 secured loan under this section shall be— 

19 (A) not less than the yield on United 

20 States Treasury securities of a similar maturity 

21 to the maturity of the secured loan on the date 

22 of execution of the loan agreement; and 

23 (B) fixed for the term of the loan. 

24 (4) MATURITY DATE.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the final maturity date of a 

3 secured loan under this section for an eligible 

4 project shall be not later than 35 years after 

5 the date of substantial completion of the 

6 project. 

7 (B) SPECIAL RULE FOR STATE INFRA8 STRUCTURE FINANCING AUTHORITIES.—The 

9 final maturity date of a secured loan under this 

10 section made to a State infrastructure financing 

11 authority shall be not later than 35 years after 

12 the date on which loan amounts are first dis13 bursed. 

14 (5) NONSUBORDINATION.—A secured loan 

15 under this section shall not be subordinated to the 

16 claims of any holder of project obligations in the 

17 event of bankruptcy, insolvency, or liquidation of the 

18 obligor. 

19 (6) FEES.—The Secretary may establish fees in 

20 connection with a secured loan under this section, in 

21 amounts sufficient to cover all or a portion of the 

22 costs to the Federal Government of secured loans 

23 under this section. 

24 (7) USE OF PROCEEDS FOR PAYMENT OF NON25 FEDERAL SHARE.—The proceeds of a secured loan 


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1 under this section may be used to pay any non-Fed2 eral share required with respect to other funding ob3 tained for project costs, but only if such secured 

4 loan is repaid using non-Federal funds. 

5 (8) MAXIMUM FEDERAL INVOLVEMENT.—For 

6 any project for which assistance is provided under 

7 this title, the total amount of Federal assistance 

8 from all sources, including this title, shall not exceed 

9 80 percent of the total project cost. 

10 (9) OTHERS.—A secured loan provided for a 

11 project under this section shall be subject to such 

12 other terms and conditions, and contain such cov13 enants, representations, warranties, and require14 ments (including requirements for audits), as the 

15 Secretary determines to be appropriate. 

16 (f) REPAYMENT.— 

17 (1) SCHEDULE.—The Secretary shall establish 

18 a repayment schedule for each secured loan provided 

19 under this section, based on the projected cash flow 

20 from project revenues and other repayment sources. 

21 (2) COMMENCEMENT.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), scheduled loan repayments 

24 of principal or interest on a secured loan under 

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1 mence not later than 5 years after the date of 

2 substantial completion of the project. 

3 (B) SPECIAL RULE FOR STATE INFRA4 STRUCTURE FINANCING AUTHORITIES.—Sched5 uled loan repayments of principal or interest on 

6 a secured loan made under this section to a 

7 State infrastructure financing authority shall 

8 commence not later than 5 years after the date 

9 on which amounts are first disbursed. 

10 (3) DEFERRED PAYMENTS.— 

11 (A) AUTHORIZATION.—If, at any time 

12 after the date of substantial completion of a 

13 project for which a secured loan is provided 

14 under this section, the project is unable to gen15 erate sufficient revenues to pay the scheduled 

16 loan repayments of principal and interest on the 

17 loan, the Secretary may, subject to subpara18 graph (C), allow the obligor to add unpaid prin19 cipal and interest to the outstanding balance of 

20 the secured loan. 

21 (B) INTEREST.—Any payment deferred 

22 pursuant to subparagraph (A) shall— 

23 (i) continue to accrue interest in ac24 cordance with subsection (e)(3) until fully 

25 repaid; and 


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1 (ii) be amortized over the remaining 

2 term of the secured loan. 

3 (C) CRITERIA.—Any payment deferral pur4 suant to subparagraph (A) shall be contingent 

5 on the project meeting— 

6 (i) standards for reasonable assurance 

7 of repayment, as the Secretary shall estab8 lish; and 

9 (ii) such other criteria as the Sec10 retary may establish. 

11 (4) PREPAYMENT.— 

12 (A) USE OF EXCESS REVENUES.—Any ex13 cess revenues from an eligible project that re14 main after satisfying scheduled debt service re15 quirements on the project obligations and se16 cured loan and all deposit requirements under 

17 the terms of any trust agreement, bond resolu18 tion, or similar agreement securing project obli19 gations may be applied annually to prepay a se20 cured loan under this section without penalty. 

21 (B) USE OF PROCEEDS OF REFI22 NANCING.—A secured loan under this section 

23 may be prepaid at any time, without penalty, 

24 from the proceeds of refinancing from non-Fed25 eral funding sources. 


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1 (g) SALE OF SECURED LOANS.— 

2 (1) IN GENERAL.—Subject to paragraph (2), if 

3 the Secretary determines that the sale or reoffering 

4 of a secured loan under this section for an eligible 

5 project can be made on favorable terms, the Sec6 retary may sell the loan to another entity or reoffer 

7 the loan into the capital markets as soon as prac8 ticable after the date of substantial completion of a 

9 project and after providing notice to the obligor. 

10 (2) CONSENT OF OBLIGOR.—In making a sale 

11 or reoffering under paragraph (1), the Secretary 

12 may not change the original terms and conditions of 

13 the secured loan without the written consent of the 

14 obligor. 

15 (h) LOAN GUARANTEES.— 

16 (1) IN GENERAL.—In lieu of making a secured 

17 loan under this section for an eligible project, the 

18 Secretary may provide a loan guarantee for a project 

19 obligation for the project funded by a qualified lend20 er (as such term is defined in section 211), but only 

21 if the Secretary determines that the cost as such 

22 term is defined in section 502 of the Federal Credit 

23 Reform Act of 1990 (2 U.S.C. 661a) of the loan 

24 guarantee is substantially the same as or less than 

25 that of making a secured loan. 


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1 (2) TERMS.—The terms of a loan guarantee 

2 provided under this subsection shall be consistent 

3 with the terms established in this section for a se4 cured loan, except that the interest rate on the guar5 anteed loan and any prepayment features shall be 

6 negotiated between the obligor and the qualified 

7 lender, subject to the consent of the Secretary. 

8 SEC. 209. PROGRAM ADMINISTRATION. 

9 (a) REQUIREMENT.—The Secretary shall establish a 

10 uniform system to service the Federal credit instruments 

11 made available under this title. 

12 (b) FEES.— 

13 (1) IN GENERAL.—The Secretary may collect 

14 and spend fees, to the extent provided in advance in 

15 appropriations Acts, in amounts sufficient to cover— 

16 (A) the costs of services obtained pursuant 

17 to subsection (d); and 

18 (B) all or a portion of the costs to the 

19 Federal Government of servicing the Federal 

20 credit instruments provided under this title. 

21 (c) SERVICER.— 

22 (1) IN GENERAL.—The Secretary may appoint 

23 a financial entity to assist the Secretary in servicing 

24 Federal credit instruments provided under this title. 


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1 (2) DUTIES.—A servicer appointed under para2 graph (1) shall act as the agent for the Secretary. 

3 (3) FEE.—A servicer appointed under para4 graph (1) shall receive a servicing fee, subject to ap5 proval by the Secretary. 

6 (d) ASSISTANCE FROM EXPERTS.—The Secretary 

7 may retain the services, including counsel, of organizations 

8 and entities with expertise in the field of municipal and 

9 project finance to assist in the underwriting and servicing 

10 of Federal credit instruments provided under this title. 

11 SEC. 210. STATE AND LOCAL PERMITS. 

12 The provision of financial assistance under section 

13 208 for an eligible project shall not— 

14 (1) relieve any recipient of such assistance of 

15 any obligation to obtain any required State or local 

16 permit or approval with respect to the project; 

17 (2) limit the right of any unit of State or local 

18 government to approve or regulate any rate of re19 turn on private equity invested in the project; or 

20 (3) otherwise supersede any State or local law 

21 or regulation applicable to the construction or oper22 ation of the project. 

23 SEC. 211. DEFINITIONS. 

24 In this title, the following definitions shall apply: 


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1 (1) COMMERCIAL SPORTS.—The term ‘‘commer2 cial sport’’ means a sports enterprise of which prof3 it-making forms a major part. 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means an entity eligible pursuant to section 203 

6 to receive financial assistance under section 208. 

7 (3) ELIGIBLE PROJECT.—The term ‘‘eligible 

8 project’’ means a project for which financial assist9 ance under section 208 may be provided, pursuant 

10 to section 204. 

11 (4) ELIGIBLE PROJECT COSTS.—The term ‘‘eli12 gible project costs’’ means, with respect to an eligi13 ble project, any costs of the project eligible under 

14 section 205 to be paid with amounts from a loan 

15 made or guaranteed pursuant to section 208. 

16 (5) FEDERAL CREDIT INSTRUMENT.—The term 

17 ‘‘Federal credit instrument’’ means a secured loan 

18 made, or loan guarantee provided, under section 

19 208. 

20 (6) INVESTMENT-GRADE RATING.—The term 

21 ‘‘investment-grade rating’’ means, with respect to 

22 project obligations, a rating of BBB minus, Baa3, 

23 bbb minus, BBB (low), or higher as assigned by a 

24 rating agency. 


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1 (7) LOAN GUARANTEE.—The term ‘‘loan guar2 antee’’ means any guarantee or other pledge by the 

3 Secretary to pay all or part of the principal of, and 

4 interest on, a loan or other debt obligation. 

5 (8) OBLIGOR.—The term ‘‘obligor’’ means— 

6 (A) with respect to a Federal credit instru7 ment that is a secured loan under section 208, 

8 the eligible entity that is primarily liable for 

9 payment of the principal of, or interest on, the 

10 loan; and 

11 (B) with respect to a Federal credit instru12 ment that is a loan guarantee under section 

13 208(h), the eligible entity that is primarily lia14 ble for payment of the loan or other debt obli15 gation repayment of which is guaranteed pursu16 ant to such section. 

17 (9) PROJECT OBLIGATION.—The term ‘‘project 

18 obligation’’ means, with respect to an eligible 

19 project, any note, bond, debenture, or other debt ob20 ligation issued by an obligor in connection with the 

21 financing of the project. Such term does not include 

22 a Federal credit instrument. 

23 (10) QUALIFIED LENDER.— 

24 (A) IN GENERAL.—The term ‘‘qualified 

25 lender’’ means any non-Federal qualified instiVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 tutional buyer, as such term is defined in sec2 tion 230.144A(a) of title 17, Code of Federal 

3 Regulations (or any successor regulation), 

4 known as Rule 144A(a) of the Securities and 

5 Exchange Commission and issued under the Se6 curities Act of 1933 (15 U.S.C. 77a et seq.). 

7 (B) INCLUSIONS.—Such term includes— 

8 (i) a qualified retirement plan (as de9 fined in section 4974(c) of the Internal 

10 Revenue Code of 1986) that is a qualified 

11 institutional buyer; and 

12 (ii) a governmental plan (as defined in 

13 section 414(d) of the Internal Revenue 

14 Code of 1986) that is a qualified institu15 tional buyer. 

16 (11) RATING AGENCY.—The term ‘‘rating agen17 cy’’ means a credit rating agency registered with the 

18 Securities and Exchange Commission as a nationally 

19 recognized statistical rating organization (as defined 

20 in section 3(a) of the Securities Exchange Act of 

21 1934 (15 U.S.C. 78c(a))). 

22 (12) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Housing and Urban Develop24 ment. 


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1 (13) SECURED LOAN.—The term ‘‘secured 

2 loan’’ means a direct loan or other debt obligation 

3 issued by an obligor and funded by the Secretary 

4 pursuant to section 208. 

5 (14) STATE.—The term ‘‘State’’ means a State, 

6 the District of Columbia, the Commonwealth of 

7 Puerto Rico, and any other territory or possession of 

8 the United States. 

9 (15) STATE INFRASTRUCTURE FINANCING AU10 THORITY.—The term ‘‘State infrastructure financing 

11 authority’’ means the State entity established or des12 ignated by the Governor of a State to receive assist13 ance under this title. 

14 (16) SUBSIDY AMOUNT.—The term ‘‘subsidy 

15 amount’’ means, with respect to a Federal credit in16 strument, the amount of budget authority sufficient 

17 to cover the estimated long-term cost to the Federal 

18 Government of the Federal credit instrument, as cal19 culated on a net present value basis, excluding ad20 ministrative costs and any incidental effects on gov21 ernmental receipts or outlays in accordance with the 

22 Federal Credit Reform Act of 1990 (2 U.S.C. 661 

23 et seq.). 

24 (17) SUBSTANTIAL COMPLETION.—The term 

25 ‘‘substantial completion’’ means, with respect to a 


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1 project, the earliest date on which a project is con2 sidered capable of performing the functions for 

3 which the project is designed. 

4 SEC. 212. REGULATIONS. 

5 The Secretary may issue such regulations as the Sec6 retary considers appropriate to carry out this title. 

7 SEC. 213. FUNDING. 

8 From amounts made available for Federal purposes 

9 under section 5 of the Land and Water Conservation Fund 

10 Act of 1965 (16 U.S.C. 460l–7), there is authorized to 

11 be appropriated to the Secretary to carry out this title 

12 $50,000,000 for each of fiscal years 2021 through 2025, 

13 to remain available until expended, of which in each such 

14 fiscal year— 

15 (1) the Secretary may use for the administra16 tion of this title, including program administration 

17 under section 209, not more than $2,200,000; and 

18 (2) the remainder shall be available for costs 

19 (as such term is defined in section 502 of the Fed20 eral Credit Reform Act of 1990 (2 U.S.C. 661a)) of 

21 loans and loan guarantees under section 208. 

22 SEC. 214. REPORT TO CONGRESS. 

23 Not later than 2 years after the date of enactment 

24 of this Act, and every 2 years thereafter, the Secretary 

25 shall submit to the Congress a report summarizing the fiVerDate Sep 11 2014 05:50 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H8246.IH H8246

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1 nancial performance of the projects that are receiving, or 

2 have received, assistance under this title, including a rec3 ommendation as to whether the objectives of this title are 

4 being met. 

Æ 


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