106 
that have recreation as one of their primary purposes, but excluding 
major sports arenas, exhibition areas, and conference halls used pri-
marily 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 govern-
ment’’ 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 Is-
lands. 
§ 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 sub-
section (a), the Secretary may establish eligibility, in accord with the find-
ings and purpose of the Urban Park and Recreation Recovery Act of 1978 
(Public Law 95–625, 92 Stat. 3538), of other general purpose local govern-
ments in metropolitan statistical areas as defined by the Director of the Of-
fice 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— 
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107 
(A) population; 
(B) condition of existing recreation areas and facilities; 
(C) demonstrated deficiencies in access to neighborhood recre-
ation opportunities, particularly for minority and low- and mod-
erate-income residents; 
(D) public participation in determining rehabilitation or develop-
ment needs; 
(E) the extent to which a project supports or complements tar-
get 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 neighbor-
hood; 
(ii) for participation of neighborhood, nonprofit, or tenant 
organizations in the proposed rehabilitation activity or in sub-
sequent 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 recre-
ation 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, includ-
ing teamwork, respect, leadership, and self-esteem. 
(C) Programs that offer tutoring, remedial education, men-
toring, and counseling in addition to recreation opportunities. 
(D) Programs that offer services during late night or other non-
school 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 pri-
vate sector and community and nonprofit organizations. 
(F) Programs that leverage public or private recreation invest-
ments in the form of services, materials, or cash. 
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(G) Programs that show the greatest potential of being contin-
ued 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 match-
ing 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 re-
cipient may transfer a rehabilitation grant or innovation grant in whole or 
in part to an independent special purpose local government, private non-
profit agency, or county or regional park authority if the assisted recreation 
area or facility owned or managed by the transferree offers recreation op-
portunities 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 modifica-
tion of an approved project only when a grant recipient adequately dem-
onstrates 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 commit-
ments to ongoing planning, rehabilitation, service, operation, and mainte-
nance programs for their park and recreation systems. These commitments 
will be expressed in local park and recreation recovery action programs that 
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109 
maximize coordination of all community resources, including other federally 
supported urban development and recreation programs. During an initial in-
terim period to be established by regulations under this chapter, this re-
quirement 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 ap-
plicant 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 im-
plementation 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 main-
tained, 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 pre-
ceding that in which grant assistance is sought except in any case 
where a reduction in park and recreation outlays is proportionate to 
a reduction in overall spending by the 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, includ-
ing— 
(A) general systemwide renovation; 
(B) special rehabilitation requirements for recreational areas 
and facilities in areas of high population concentration and eco-
nomic distress; and 
(C) restoration of outstanding or unique structures, land-
scaping, or similar features in parks of historical or architectural 
significance; and 
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