Title 36:
Parks, Forests, and Public Property
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PART 72�URBAN PARK AND RECREATION RECOVERY ACT OF 1978
Section Contents
Subpart
A�General
� 72.1 Purpose
of regulations.
� 72.2 Legislative
authority.
� 72.3 Definitions.
�� 72.4-72.9 [Reserved]
Subpart
B�Local Recovery Action Programs
� 72.10 General
requirements.
� 72.11 Action
program components.
� 72.12 Assessment
of needs, problems and issues.
� 72.13 Action
plan.
� 72.14 [Reserved]
� 72.15 Preliminary
Action Program.
� 72.16 Preliminary
Action Program requirements.
� 72.17 Preliminary
Action Program�commitments to be included.
�� 72.18-72.29 [Reserved]
Subpart
C�Grants for Recovery Action Program Development, Rehabilitation and
Innovation
� 72.30 General
requirements.
� 72.31 [Reserved]
� 72.32 Funding
and matching share.
� 72.33 Timing
and duration of projects.
�� 72.34-72.35 [Reserved]
� 72.36 Land
ownership, control and conversion.
� 72.37 Pass-through
funding.
�� 72.38-72.39 [Reserved]
� 72.40 Historic
properties.
� 72.41 Demolition
and replacement of existing recreation properties.
� 72.42 Expansion
and new development.
� 72.43 Fundable
elements: Recovery Action Program grants.
� 72.44 Fundable
elements: Rehabilitation and Innovation grant common
elements.
� 72.45 Fundable
elements: Innovation grants.
� 72.46 Citizen
participation requirements.
� 72.47 [Reserved]
� 72.48 Federal
coordination.
� 72.49 [Reserved]
Subpart
D�Grant Selection, Approval and
Administration
� 72.50 Grant
selection criteria.
� 72.51 A�95
clearinghouse requirements.
� 72.52 Recovery
Action Program grant applications.
� 72.53 Preapplication
process for Rehabilitation and Innovation grants.
� 72.54 Rehabilitation
and Innovation grants�full application process.
� 72.55 [Reserved]
� 72.56 Grant
program compliance requirements.
�� 72.57-72.59 [Reserved]
� 72.60 Grant
administrative procedures.
� 72.61 [Reserved]
� 72.62 Amendments
to approved grants.
� 72.63 Grant
payments.
� 72.64 [Reserved]
� 72.65 Other
requirements.
Subpart
E�Post-Completion Compliance
Responsibilities
� 72.70 Applicability.
� 72.71 Information
collection.
� 72.72 Conversion
requirements.
� 72.73 Residency
requirements.
�� 72.74-72.75 [Reserved]
Appendix
A to Part 72�Criteria for Eligibility
Appendix
B to Part 72�List of Eligible Jurisdictions
Authority: Title X, National Parks and
Recreation Act of 1978, Pub. L. 95�625 (16 U.S.C. 2501�2514); sec. 2 of
Reorganization Plan No. 3 of 1950 (64 Stat. 1262).
Subpart A�General
top
Source: 45 FR 71718, Oct. 29, 1980,
unless otherwise noted. Redesignated at 46 FR 34329, July 1, 1981, and
correctly redesignated at 46 FR 43045, Aug. 26, 1981.
� 72.1 Purpose of regulations.
top
The purpose of this rule is to set forth guidelines for awarding and
administering the three types of grants available through the UPARR
program. The three types of grants available are: Rehabilitation,
Innovation and Recovery Action Program. The objectives of this rule are
to: (1) Explain the policies to be followed for awarding grants; (2) list
the requirements and criteria to be met for each type of grant and
discretionary eligibility; (3) discuss fundable uses and limitations; (4)
explain how proposals will be selected and funded; and (5) describe the
application process and administrative procedures for awarding
grants.
� 72.2 Legislative authority.
top
The policies and procedures of this rule are created to implement the
Urban Park and Recreation Recovery Act of 1978, Title X of the National
Parks and Recreation Act of 1978, Public Law 95�625, 16 U.S.C. 2501�2514.
The Act provides Federal grants to economically hard-pressed communities
specifically for the rehabilitation of critically needed recreation areas
and facilities, and for the development of improved recreation services
this program is authorized for a period of five years.
� 72.3 Definitions.
top
As used in this part:
Applicant Jurisdiction: The general purpose local government
making the actual funding request or in receipt of UPARR funding
assistance. This term applies whether the unit is an eligible or
discretionary applicant.
Appropriation: The yearly funding level made available by
Congress to implement the UPARR Act.
Assistance: Funds made available by the Service to a grantee in
support of a public recreation project.
Direct Expenditures or Direct Costs: Those expenditures or costs
that can be associated with a specific project.
Director: The Director of the National Park Service Conservation
and Recreation Service or any other officer or employee of the Service to
whom is delegated the authority involved.
Discretionary Applicants: General purpose local governments in
Standard Metropolitan Statistical Areas as defined by the Census but not
included in the list of eligible applicants developed and published in
accord with Sec. 1005 of the UPARR Act.
Federal Management Circular 74�4 (FMC 74�4): FMC 74�4
establishes principles and standards for determining (administrative)
costs applicable to grants and contracts with State and local
governments.
General Purpose Local Government: Any city, county, town,
township, parish, village, or other general purpose political subdivision
of a State, including the District of Columbia, and insular areas.
Grant: The act of providing a specific sum of money for the
development of a specific project, consistent with the terms of a signed
agreement; also the amount of money requested or awarded.
Grantee: The general purpose local government receiving a UPARR
grant for its given use, or for authorized pass-through to another
appropriate public or private non-profit agency.
NPS: National Park Service Conservation and Recreation
Service.
Historic Property: Such a property is one listed in, or
determined eligible to be listed in the National Register of Historic
Places.
In-kind Contributions: In-kind contributions represent the value
of non-cash contributions provided by: (1) the grantee, (2) other public
agencies and institutions, and (3) private organizations and individuals.
In-kind contributions may consist of the value of donated or loaned
equipment or supplies, or contributed services directly benefiting and
specifically identifiable to the project, and can be used as part of the
grantee's non-Federal matching share.
Innovation Grants: Matching grants to local governments to cover
costs of personnel, facilities, equipment, supplies, or services designed
to demonstrate innovative, and cost-effective or service-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, excluding routine operation and
maintenance activities.
Insular Areas: Guam, the Virgin Islands, American Samoa and the
Northern Mariana Islands.
Maintenance: 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.
OMB Circular A�95 (A�95): Establishes procedures for the
evaluation, review and coordination of Federal and federally assisted
programs and projects. This circular defines project notification and
review procedures governing Federal grant agencies, State, metropolitan
and areawide clearinghouses.
OMB Circular A�102 (A�102): Circular A�102 provides the standard
for establishing consistency and uniformity among Federal agencies in the
administration of grants to States, localities and federally recognized
Indian tribes.
Participant: The grantee, or other agency or organization
requesting and/or receiving assistance.
Pass-through: The transfer of funds at the discretion of the
applicant jurisdiction, to independent, general or special purpose local
governments, private non-profit agencies (including incorporated community
or neighborhood groups), or county or regional park authorities, who offer
recreation opportunities to the general population within the
jurisdictional boundaries of the applicant jurisdiction.
Pass-through recipient: Synonymous with subgrantee.
Private Non-profit Agency: A reputable community-based,
non-profit organization, corporation, or association organized for
purposes of providing recreation, conservation, education or other
community services directly to urban residents; on a neighborhood or
communitywide basis, through voluntary donations, voluntary labor, or
public or private grants.
Project: A single site-specific area or service-specific program
proposed or approved for funding.
Project Costs: All necessary charges made by a grantee in
accomplishing the objectives of a project, during the grant period.
Property: Site and/or facility.
Proposal: An application for UPARR assistance which may contain
one or more projects.
Recovery Action Program: A local park and recreation Recovery
Action Program (plan) required under section 1007 of the UPARR Act, which
contains expressions of continuing local commitment to objectives,
priorities and implementation strategies for overall park and recreation
system planning, rehabilitation, service, operation and maintenance.
Recreation Areas and Facilities: Parks, buildings, sites, or
other indoor or outdoor facilities which are dedicated to recreation
purposes and administered by public or private non-profit agencies to
serve the recreation needs of community residents. These facilities must
be open to the public and readily accessible to residential neighborhoods.
They may include multiple-use community centers which have recreation as
one of their primary purposes, but major sports areas, exhibition areas,
and conference halls used primarily for commercial sports, spectator, or
display activities are excluded from UPARR assistance.
Rehabilitation Grants: Matching capital grants to local
governments for the purpose of rebuilding, remodeling, expanding, or
developing existing outdoor or indoor recreation areas and facilities;
including improvements in park landscapes, buildings, and support
facilities; excluding routine maintenance and upkeep activities.
Secretary: The Secretary of the Interior.
SMSA: Standard Metropolitan Statistical Area as defined by the
Bureau of the Census.
Special Purpose Local Government: Any local or regional special
district, public-purpose corporation or other limited political
subdivision of a State: including but not limited to, park authorities;
park, conservation, water or sanitary districts; and school districts.
Sponsor: See Participant.
State: Any State of the United States, or any instrumentality of
a State approved by the Governor; the Commonwealth of Puerto Rico, and
insular areas.
Statewide Comprehensive Outdoor Recreation Plan (SCORP): A State
recreation plan required by the Land and Water Conservation Fund Act.
Subgrantee: A general or special purpose local government,
private non-profit agency, county or regional park authority requesting or
in receipt of UPARR funding under an applicant jurisdiction.
UPARR: Urban Park and Recreation Recovery Act of 1978 or
Program.
�� 72.4-72.9 [Reserved]
top
Subpart B�Local Recovery Action Programs
top
Source: 45 FR 15457, Mar. 10, 1980,
unless otherwise noted. Redesignated at 46 FR 34329, July 1, 1981, and
correctly redesignated at 46 FR 43045, Aug. 26, 1981.
� 72.10 General requirements.
top
Any eligible jurisdiction or discretionary applicant desiring to apply
for a grant must develop, submit and have approved a local Action Program.
The Action Program must be submitted to the appropriate National Park
Service Regional Office where it will be evaluated and approved. This is a
necessary requirement which must precede the awarding of any
rehabilitation or innovation grant. Until January 1, 1981, this
requirement may be satisfied with an approved Preliminary Action Program.
The Preliminary Action Program must include a firm commitment by the local
government to complete and adopt a full Action Program within one year of
approval of the Preliminary Action Program. After January 1, 1981, no
rehabilitation or innovation grant will be awarded without an approved
Recovery Action Program on file with the appropriate Regional Office.
Communities are required to submit four (4) copies of the Action Program.
Regional Offices and their States are:
Northeast Region
Federal Office Bldg. Room 9310, 600 Arch Street, Philadelphia,
Pennsylvania 19106.
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West
Virginia, and the District of Columbia.
Southeast Region
75 Spring Street, Atlanta, Georgia 30303.
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
Puerto Rico, South Carolina, Tennessee, and the Virgin Islands.
Lake Central Region
Federal Building, Ann Arbor, Michigan 48107.
Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Mid-Continent Region
Denver Federal Center, P.O. Box 25387, Denver, Colorado 80225.
Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota,
South Dakota, Utah, and Wyoming.
Pacific Southwest Region
450 Golden Gate Avenue, San Francisco, California 94102.
American Samoa, Arizona, California, Guam, Hawaii, and Nevada.
Northwest Region
Federal Building, 914 Second Avenue, Seattle, Washington 98174.
Idaho, Oregon and Washington.
South Central Region
5000 Marble Avenue, N.E., Albuquerque, New Mexico 87110.
Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Alaska Area Office
1011 East Tudor, Suite 297, Anchorage, Alaska 99503.
(Sec. 1007(a) and (b) of Title X National Parks and Recreation Act of
1978, Pub. L. 95�625, (16 U.S.C. 2506); sec. 2 of Reorganization Plan No.
3 of 1950 (64 Stat. 1262))
[45 FR 54335, Aug. 15, 1980. Redesignated at 46 FR 34329, July 1, 1981;
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]
� 72.11 Action program components.
top
The local government will submit an Action Program which documents the
recreation needs of the community together with action plans to meet those
identified needs. This Action Program will indicate how the park and
recreation system will be revitalized and maintained. While the emphasis
of the Action Program will be placed on the rehabilitation of
deteriorating facilities, it also will describe how the rehabilitation
effort is linked to the overall goals, priorities and strategies of the
park and recreation system. The local government must develop the Action
Program consistent with and linked to the objectives, needs, plans, and
institutional arrangements of the community. The Action Program must
present evidence of its consistency with the community's long-range goals
and plans as expressed in its comprehensive plans and other documents. The
Action Program consists of two sections which are the Assessment and the
Action Plan.
� 72.12 Assessment of needs, problems and
issues.
top
The Action Program should begin with an Assessment describing the
existing park and recreation system; issues and problems; goals and
objectives. The Assessment should summarize the entire system including:
Operation and maintenance; employment and training; programs and services;
rehabilitation of existing facilities; and the need for new facilities.
The Assessment should also describe how the park and recreation system
relates to other public and private services. The Assessment consists of
six parts which are as follows:
(a) Context. The context should provide:
(1) A short description of the local jurisdiction including:
population; economy; geographical location; type of government; how the
park department fits into the government structure; how the planning for
parks and recreation is achieved; and the relationship to the community's
comprehensive planning effort.
(2) A brief descriptive overview of the park and recreation system
which includes a discussion of: The populations being served both within
and outside of the jurisdiction; the types of services being provided; the
degree to which the system is available and accessible to the populations
intended to be served; and projected changes in system use.
(3) A discussion of the elements of planning, financing, programming,
operation and maintenance, acquisition and development, and other factors
common to park and recreation systems and other community services and
prospects for future coordination.
(4) A discussion of the approaches and mechanisms used for citizen
participation.
(b) Physical Issues. Summary information should be provided on
existing facilities including:
(1) Types of facilities and the distribution of acreage and uses at
different locations;
(2) Integration of park and recreation planning and facility use with
other service agencies such as schools, transportation and housing;
(3) Special facilities for the handicapped or elderly as well as
facilities which work to mainstream special populations;
(4) Heavily used non-public or quasi-public facilities;
(5) Facilities of historical and architectural significance which
provide recreation and are managed by the park system;
(6) Dependence upon nearby recreation resources outside the local
jurisdictions, including public and private resources;
(7) Deficiencies and existing facilities and the needs of the community
for new facility development, expansion and/or closure of facilities and
the effects of such activities.
(c) Rehabilitation Issues. Summary information should be
provided on the need for rehabilitation of facilities. This should
include:
(1) Geographic areas needing rehabilitation;
(2) Types of sites and properties for rehabilitation;
(3) Importance of rehabilitation in specific geographic areas; and
(4) Value of rehabilitation over replacement through new facility
development.
(d) Service Issues. Summary information on existing services
should outline activities and needs in the following areas:
(1) The type, extent and intended beneficiaries of recreation
services;
(2) Special programs for the handicapped, elderly, minorities and
mainstreaming programs for special populations;
(3) Relationship between and coordination with public and significant
non-public programs and private sector groups;
(4) Extent to which park and recreation services relate to other
community services including joint programs with schools, social service
organizations, historic preservation groups, libraries, or community
education facilities;
(5) Coordination with Federal, State (SCORP), regional, county and
other jurisdictional plans and activities having direct and indirect
impacts on parks and recreation.
(e) Management Issues. Management issues deal with operation of
the park and recreation system. Information should summarize the needs and
issues of:
(1) Process for developing procedures and policies;
(2) Staffing levels including full-time, seasonal and service
personnel, and use of volunteers;
(3) Use of contractual services for recreation programming;
(4) Equipment maintenance and replacement policies; and
(5) Budgeting process, funding cycles and budgets for the past three
years and methods of budgeting (such as zero based or performance
budgeting).
(f) Conclusions, Implications and Issues. This section should
state major conclusions of the discussions in previous sections, summarize
the major problems and highlight the implications for actions needed to
address the problems which have been outlined in the issues
sections.
� 72.13 Action plan.
top
The purpose of the Assessment is to provide background and
justification for an Action Plan. The Action Plan, which is the essential
core of the Action Program, must be a clear statement of the community's
specific objectives, priorities and implementation strategies in relation
to the intent of the Urban Park and Recreation Recovery Program and the
local government's overall recreation system goals. The Action Plan should
be carefully tailored to the comprehensive community goals and directly
responsive to the needs and problems identified in �72.12. Citizen
involvement in the development of the Action Plan is required and may
include surveys, hearings, meetings, and/or consultation as appropriate.
This involvement is essential in the development of goals, objectives and
the setting of project priorities.
(a) Goals for the System. This section should set forth the
overall goals and specific objectives for the system. Goals will clearly
relate to the needs and issues identified in the Assessment and must be
projected for at least the five-year life of the Action Program. The goals
should be consistent with and, where appropriate, included in the general
planning goals of the local government. Where local governments have
developed, adopted and are utilizing an overall park and recreation plan,
the goals of that plan may be appropriate for this requirement. Goals
should be the basis for priorities, schedules and implementation
strategies stated in the plan.
(b) Strategies to Address National and Local Concerns. This
section should include a description of local strategies for recreation
system recovery. A �strategy� defines the total approach to remedying
system deficiencies and provides a rationale for priorities reflected in
implementation schedules. Strategies should be devised which address the
following national concerns:
(1) Ways in which park and recreation plans contribute to, and will be
interrelated with, the local government's community development and urban
revitalization efforts;
(2) The degree to which park and recreation plans serve citizens who
reside in economically-distressed areas of the community and will improve
access to park and recreation facilities and programs for minority groups,
low- and moderate-income populations, and the handicapped;
(3) The extent to which the Action Program and its plan component will
relate employment opportunities for minorities, youth and low- and
moderate-income residents;
(4) How the plan seeks to obtain the widest range of beneficial uses of
the natural environment and enhances and protects the natural
environment;
(5) How park and recreation resources will be targeted in neighborhoods
where other neighborhood revitalization efforts are occurring;
(6) How the plan seeks to restore outstanding or unique structures,
landscapes, or similar features in parks of historical or architectural
significance;
(7) Local commitments to innovative and cost-effective programs and
projects on the neighborhood level which augment recovery of park and
recreation systems;
(8) How the plan will be intergrated with other Federally assisted
projects to maximize recreation opportunities;
(9) How the plan will convert for recreation use, derelict and other
public lands not designated for recreation; and
(10) Inducements to encourage the private sector to provide
neighborhood park and recreation facilities and programs.
(11) How the plan will seek to preserve, restore and develop waterfront
areas for recreation and open space.
If any of the above concerns are not of significance within a locality
preparing the Recovery Action Program due to lack of the physical
attributes described in the above eleven (11) items, the Action Plan
should indicate why such strategies are not appropriate. Most communities
will also have their own special concerns and should develop strategies to
address them. These should accompany the strategies discussed above and
provide a focus for specific recommendations.
(c) Recommendations. Recommendations for improvement of the park
and recreation system should be discussed. Each recommendation or group of
recommendations should be accompanied by a discussion of the techniques
the local government will use to implement the recommendations. Reference
should be made to how the recommendations relate to deficiencies, needs,
and opportunities identified in previous sections of the Action Program. A
brief physical development plan for the entire park and recreation system
should be included. This can be accomplished with a map which indicates
where existing facilities and activities occur as well as where future
developments are to occur. Particular reference shall be made to
populations served and indicated deficiencies.
(d) Program Priorities and Implementation Schedule. A statement
of system priorities and a schedule for implementation shall be included.
These priorities, together with justifying objectives and strategies for
implementation shall be presented. Priorities presented will be an
important factor in the evaluation and approval of requests for UPARR
funding. Active and continued citizen participation is necessary
throughout the process. Specific projects to be undertaken and the
programs to be improved, expanded, introduced, or eliminated through
rehabilitation, physical, service, management, and coordination actions
should be discussed. A clear assignment of agency responsibility and an
estimate of the costs of implementation should accompany these
priorities.
(e) Evaluation and Updating of Action Program. This section
should outline a specific program for annual monitoring, evaluating, and
updating of the complete Action Program, including both improvements
needed in the Assessment and the Action Plan. Citizen involvement is
essential in the evaluation and monitoring of the Action Program. Copies
of approved Action Programs must be readily available to the public to
insure adequate opportunities for citizen review and comment.
� 72.14 [Reserved]
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� 72.15 Preliminary Action Program.
top
During an initial interim period, the Action Program requirements, as
described in ��72.11, 72.12 and 72.13 may be satisfied by local
governments' submission of a Preliminary Action Program. The initial
interim period shall end on January 1, 1981. Communities are required to
submit four (4) copies of the Preliminary Action Program.
(Sec. 1007(a) and (b) of Title X National Parks and Recreation Act of
1978, Pub. L. 95�625, (16 U.S.C. 2506); sec. 2 of Reorganization Plan No.
3 of 1950 (34 Stat. 1262))
[45 FR 54335, Aug. 15, 1980. Redesignated at 46 FR 34329, July 1, 1981,
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]
� 72.16 Preliminary Action Program
requirements.
top
The following information must be submitted:
(a) Evidence of physical deficiencies. A general description of
the problems confronted by the local government in bringing its facilities
up to an adequate level of quality, the basis for the determination that
certain facilities are deficient, and the general level of deficient
facilities found within the jurisdictions. Maps and other graphics should
be used to indicate where the deficiencies are located, particularly in
reference to the populations to be served.
(b) Level of resource support. A summary of the public funds,
including State and Federal, being spent by the jurisdiction on parks and
recreation. A generalized description of the level of non-governmental
support (neighborhood, voluntary and business) shall also be given.
(c) Adoption of goals. The existing park and recreation goals
adopted by the governing body of the jurisdiction are to be included.
Emphasis should be placed on what the local government is seeking to
achieve in its parks and recreation systems, including the population it
is attempting to serve, the facilities and services offered, and the
providers (public agency or private sector).
(d) Statement of priorities and implementation strategies.
Description of the priorities set by the local government as related
to the deficiencies outlined above, and the strategies used to allocate
available resources over time. Included should be a brief discussion of
the relationship of the Preliminary Action Program to other related
community development, historic preservation and urban revitalization
efforts underway in the jurisdiction.
(e) Evidence of public participation. A description of the means
by which citizens and public officials will be included early in the
decision process for project selection, the setting of priorities and
schedules, and the development of implementation strategies. Existing
public participation efforts within the jurisdiction should be used.
� 72.17 Preliminary Action Program�commitments
to be included.
top
Local governments may submit a Preliminary Action Program during the
initial interim period in lieu of a full Action Program. The Preliminary
Action Program must include a firm commitment by the local government to
complete and adopt a full Action Program by October 1, 1980. This
commitment must include a schedule for the development of the full
Recovery Action Program. The schedule should outline the activities which
will be undertaken, the anticipated time frame for the development and
completion of these activities, and the resources of people, money and
support services necessary for the development and completion of the
Recovery Action Program. Notwithstanding the foregoing provisions
concerning the use of the Preliminary Action Program, local governments
are encouraged to prepare, adopt and submit as soon as possible a full
Action Program which complies with the provisions of ��72.11, 72.12, and
72.13. Local governments which have already made a commitment to park and
recreation systems by establishing ongoing planning, rehabilitation,
service, operation and maintenance programs may use these as a starting
point for meeting Action Program requirements.
�� 72.18-72.29 [Reserved]
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Subpart C�Grants for Recovery Action Program Development,
Rehabilitation and Innovation
top
Source: 45 FR 71719, Oct. 29, 1980,
unless otherwise noted. Redesignated at 46 FR 34329, July 1, 1981, and
correctly redesignated at 46 FR 43045, Aug. 26, 1981.
� 72.30 General requirements.
top
Applicants must have an approved Recovery Action Program on file with
the appropriate NPS Regional Office prior to applying for Rehabilitation
or Innovation grants. Rehabilitation and Innovation proposals must be
based on priorities identified in the applicant jurisdiction's Recovery
Action Program. Once NPS has indicated that a Rehabilitation or Innovation
proposal is fundable, the applicant must meet all documentation
requirements imposed by OMB Circulars A�102, A�95 and FMC 74�4. Regional
offices of NPS will provide technical assistance to grantees in complying
with these requirements.
� 72.31 [Reserved]
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� 72.32 Funding and matching share.
top
(a) Recovery Action Program Grant Matching. Up to 50 percent
matching grants are authorized for the preparation of Recovery Action
Programs (RAP). State, local and private in-kind donations of assistance
(salaries, supplies, printing, etc.) for the preparation of a RAP may be
used as all or part of the 50 percent local match. Such in-kind
contributions for the UPARR Program may not be used as the matching share
for other federally-assisted programs. In addition, Section 1009 of the
Act provides that reasonable local costs of Recovery Action Program
development may be used as part of a local match for Innovation or
Rehabilitation grants only when the applicant has not received a Recovery
Action Program grant. Reasonable costs means costs for supplies, salaries,
etc., which are not excessive in relation to the normal market value
within a geographic area. These costs must be well documented and included
in the preapplication for the proposal in which they are to be used as a
match. The match can only be used once, and allowed only after the RAP Has
been approved by the respective NPS Regional Office.
(b) Rehabilitation and Innovation grant matching. The program
provides for a 70 percent Federal match for rehabilitating existing
recreation facilities and areas. Seventy percent matching funds are also
authorized to local governments for innovation grants which will address
systemwide coordination, management and community resource problems
through innovative and cost-effective approaches.
(c) Sources of Matching Share �(1) State Incentive. As an
incentive for State involvement in the recovery or urban recreation
systems, the Federal government will match, dollar for dollar, State
contributions to the local share of an Innovation or Rehabilitation grant;
up to 15 percent of the approved grant. The Federal share will not exceed
85 percent of the approved grant. The Director shall also encourage States
and private interests to contribute to the non-Federal share of project
costs. State and local government shares may be derived from any State or
local government source of revenue.
(2) Cash. State, local and private funds may be used as the
non-Federal share of project costs. In addition, two types of Federal
funds may be used as part of a local match: General Revenue Sharing
(Treasury Department) and Community Development Block Grant (CDBG) program
funds (Department of Housing and Urban Development) [See also �72.56(b)].
Section 1009 of the UPARR Act prohibits use of any other type of Federal
grant to match UPARR grants.
(3) Non-Cash �(i) Material goods. NPS encourages in-kind
contributions including real property, buildings or building materials,
and equipment to applicants by the State, other public agencies, private
organizations or individuals. The value of the contributions may be used
as all or part of the matching share of project costs, but must be
appraised and approved by the Service prior to grant approval. Details
regarding these types of donations are covered in OMB Circular A�102.
In-kind contributions for the UPARR Program may not be used as the
matching share for other Federally-assisted programs.
(ii) Services. Any type of service or assistance which relates
directly to a grant and the provision of a recreation opportunity, can be
used as a matching share; e.g., technical and planning services,
construction labor, playground supervision or management services.
� 72.33 Timing and duration of
projects.
top
(a) Construction components of projects must be initiated during the
first full construction season following grant approval. The time for
completing construction components of either Rehabilitation or Innovation
proposals will be limited to three years or three construction seasons,
whichever is greater, unless in the opinion of the Director an extension
of time not to exceed a designated period will assure that completion of
the grant objectives will be cost-effective within funding currently
available, in accord with established goals of the UPARR Program, and of
benefit to the federal government. Any component of an Innovation proposal
which is to provide services or programs, must be started within one year
from grant approval. The grant project term and expiration date for
Rehabilitation and Innovation proposals will be established by NPS at the
time of grant approval.
(b) When an applicant wishes to complete a project in a number of
stages, the applicant may request UPARR assistance for all the stages in a
single application or proposal. In such cases, the three year limit on
construction still applies. If an applicant wishes to request funding for
only a single stage at time, each stage must be structured in such a
manner that it will increase the recreation utility of the property, or
provide direct recreation opportunities, independent of subsequent stages.
Funding of one stage of a multi-staged proposal in no way implies that
subsequent stages will also be funded.
(c) Supplemental grants to existing innovation grants may be approved
by the Director.
[45 FR 71719, Oct. 29, 1980. Redesignated at 46 FR 34329, July 1, 1981,
and correctly redesignated at 46 FR 43045, Aug. 26, 1981, and amended at
47 FR 15137, Apr. 8, 1982; 48 FR 3971, Jan. 28, 1983]
�� 72.34-72.35 [Reserved]
top
� 72.36 Land ownership, control and
conversion.
top
Section 1010 of the Act provides that no property improved or developed
with assistance through the program shall, without the approval of the
Director, be converted to other than public recreation use. Therefore, any
applicant or sub-grantee must demonstrate, at the time of grant approval,
that it has adequate tenure and control of the land or facilities for
which UPARR assistance is proposed, either through outright ownership or
lease.
(a) Lands or facilities that are not under adequate tenure or control
will not be considered for UPARR assistance. If the land is not owned by
the applicant or sub-grantee, then a non-revocable lease of at least 25
years, or a non-revocable lease providing ample time to amortize the total
costs of the proposed activity, must be in effect at the time of grant
approval. The lease cannot be revocable at will be the lessor. The costs
of acquisition or leasing of land or facilities are not eligible for
assistance under the provisions of the Act, section 1014.
(b) The conversion or replacement of properties assisted through UPARR
to non-recreation use must be in accord with the current local Recovery
Action Program, and approved by the Director. Requests for permission to
convert UPARR-assisted properties must be submitted to the Director in
writing. The replacement property must assure the provision of adequate
recreation properties and opportunities of reasonable equivalent location
and recreation usefulness. For leased property which is developed or
improved with UPARR funds, the grantee, as a condition of the receipt of
these funds, must specify in a manner agreed to by the Director, in
advance of the conversion, how the converted property will be replaced
once the lease expires.
(c) UPARR Program funds may be used to rehabilitate facilities built or
develop with LWCF assistance only after a determination is made by NPS
that the facility has been maintained in accordance with the LWCF
Program.
(d) Applicants must certify that any property acquired after January 2,
1971, and to be improved or enhanced by UPARR assistance, was acquired in
conformance with Pub. L. 91�646, the Uniform Relocation and Land
Acquisition Policies Act (See 41 CFR parts 114�50).
� 72.37 Pass-through funding.
top
Section 1006(a)(1) of the Act states that at the discretion of the
applicant jurisdiction, and if consistent with an approved application,
Rehabilitation and Innovation grants may be transferred in whole or in
part to independent special purpose local governments, private non-profit
agencies (including incorporated community or neighborhood groups) or
city, county, or regional park authorities, provided that assisted
recreation areas owned or managed by them offer recreation opportunities
to the general public within the boundaries of the applicant's
jurisdiction. No UPARR funds may be passed through for Recovery Action
Program grants. The decision on whether or not to pass money through to
non-profit organizations or governmental units is made by the applicant
jurisdiction which is responsible for the grant; not NPS. Organizations,
agencies or governmental units seeking funding assistance on a
pass-through basis must work with an applicant jurisdiction in the
preparation of the UPARR application, and the applicant jurisdiction will
be responsible for the submission of the application. The applicant
jurisdiction has full responsibility and liability for funds passed
through to subgrantees. In the event of default by the pass-through
recipient, the applicant jurisdiction must assume responsibility for
ensuring that all provisions of the grant agreement are carried out,
including the continued delivery of recreation services resulting from the
grant. The pass-through of funds may constitute the entire grant proposal
submitted by an applicant jurisdiction, or may be only a portion of
it.
(a) Applicant responsibilities. The applicant jurisdiction
possesses full responsibility and liability for funds passed-through to
subgrantees. It should take precautions to ensure that pass-through
agencies can reasonably be expected to comply with grant requirements.
(1) Application requirements. The applicant jurisdiction is
responsible for actual preparation and submission of both the pre- and
final grant applications. Organizations, agencies or governmental units
seeking funding assistance on a pass-through basis must work with the
applicant jurisdiction. The applicant jurisdiction may request any or all
of the necessary documentation from the subgrantee. It is essential that
applicants take precautions to pass-through grants only to reliable and
capable agencies or organizations that can reasonably be expected to
comply with grant and project requirements.
(2) Recommended pass-through recipient standards. Because the
grantee has full responsibility for the pass-through grant, the grantee
should ensure that subgrantees meet the following minimum standards.
(i) Demonstrate a history of providing recreation services to the
distressed community. The history of providing recreation services must be
commensurate with the amount of UPARR assistance requested. A pass-through
subgrantee may be a non-profit or neighborhood organization which has
provided other social services to the community, or a newly formed, but
reliable and capable group which can reasonably be expected to comply with
grant and project requirements.
(ii) Take responsibility for the same application, administration and
compliance responsibilities as that of the applicant jurisdiction.
(iii) Certify that property improved or developed with UPARR funds will
remain dedicated to public recreation use.
(iv) Work through and with the applicant jurisdiction.
(v) Demonstrate that the existing, or soon to be developed, recreation
property which it owns or operates is accessible to residents of targeted
distressed areas.
(vi) Demonstrate adequate tenure and control of the property to be
rehabilitated or used for innovation, through lease or ownership.
(vii) Establish a contractual agreement with the applicant juisdiction
which is binding and enforceable to assure that the applicant jurisdiction
can adequately meet its contractual obligations under the grant.
(viii) Be empowered to contract or otherwise conduct the activities to
be supported as a result of the grant.
(ix) Not discriminate on the basis of residence except in reasonable
fee differentials.
(x) Be generally recognized as a provider of service to urban
residents.
(xi) Have adequate financial resources, the necessary experience,
organization, technical qualifications and facilities; or a firm
commitment, arrangement, or ability to obtain such.
(xii) Have an adequate financial management system which provides
efficient and effective accountability and control of all property, funds,
and assets sufficient to meet grantee needs and grantee audit
requirements.
(xiii) Private non-profit agencies or corporations should also be
properly incorporated as a non-profit organization with an elected and
autonomous board which meets regularly.
(b) Pass-through property and fee limitations. Rehabilitation or
Innovation assistance on property not in public ownership, operated by a
private non-profit organization through a pass-through grant, will be
limited to that portion of the property which directly provides recreation
services. Such recreation services must be available to the public on a
non-membership, non-fee, or reasonable fee basis, and during reasonable
prime time. If a fee is charged or is required for the services resulting
through the Rehabilitation or Innovation grant, the fee should be
comparable to prevailing local rates for similar services. Charges for
recreation services will only be permitted if they do not unfairly
jeopardize participation in the recreation service by the disadvantaged
population.
�� 72.38-72.39 [Reserved]
top
� 72.40 Historic properties.
top
Properties listed in or determined eligible for listing in the National
Register of Historic Places must be treated in accordance with the
Advisory Council on Historic Preservation procedures described in 36 CFR
800, �Protection of Historic and Cultural Properties.� Applicants must
identify such properties in the preapplication if they are situated at a
UPARR grant site.
� 72.41 Demolition and replacement of existing
recreation properties.
top
Demolition will only be supported when rehabilitation is not feasible
or prudent. In the case of demolition, the demolition costs should not
exceed 75% of the proposed cost for replacement. The applicant must
present a cost analysis (well documented case) for demolition and
replacement versus rehabilitation. When assistance for demolition is
requested, the applicant must also indicate how the replacement will
increase the site's recreation utility, and how the useable life of the
property will be increased.
� 72.42 Expansion and new
development.
top
(a) Expansion. Because the UPARR Program is targeted to
distressed areas, every assurance should be made that if any expansion
takes place, existing recreation facilities are up to building standards
and the following general requirements are met.
(1) The general category of sites/facilities or programs involved must
be an identified priority in the jurisdiction's Recovery Action
Program.
(2) The results of the expansion must not substantially increase the
personnel or maintenance costs of the applicant jurisdiction's overall
recreation system unless expansion of the system has been addressed as a
priority in the jurisdiction's Recovery Action Program, and the RAP
strategies specifying how the funds for increased personnel or maintenance
costs associated with the expansion will be obtained. The preapplication
narrative must describe the extent of increased personnel and maintenance
for the project(s) included in the proposal, if any, and methods of
financing them.
(3) The expansion must increase the extent, volume, scope, or quality
of recreation opportunities to residents of distressed neighborhoods.
(b) New development. For purposes of this program, new
development is defined as the developing for changing of relatively
unimproved property which has not previously been developed for
recreation. This includes the creation of new parks and facilities.
(1) Rehabilitation. New development will not be assisted under a
rehabilitation grant.
(2) Innovation. New development may be allowed under an
Innovation grant when it is directly related to a specific innovative idea
or technique, increases the utility of a property and/or service program,
and increases recreation opportunities for users in the target area.
� 72.43 Fundable elements: Recovery Action
Program grants.
top
Reasonable and documented costs necessary for preparing a Recovery
Action Program may be reimbursed by UPARR funds from a 50 percent matching
grant. These costs may include expenses for professional services; local
public meetings; data collection and analysis; preparation, editing and
printing of appropriate reports, plans, maps, charts and other documents
forming a part of the plan; and supporting costs, supplies and other
approved costs. Costs incurred prior to the approval of a Recovery Action
Program grant will not be eligible for reimbursement or cost
sharing.
� 72.44 Fundable elements: Rehabilitation and
Innovation grant common elements.
top
(a) All Rehabilitation and Innovation proposals must be based on
priorities identified in the applicant jurisdiction's local Recovery
Action Program. An applicant may apply for UPARR assistance only in an
amount which, together with other available public and private resources,
is adequate to complete the work approved by the grant agreement. The
applicant must document the availability and source of these resources at
the time of preapplication for UPARR assistance. Fundable elements in both
Rehabilitation and Innovation proposals may include: materials and labor,
site planning, architectural and engineering fees, and other costs for
activities necessary to complete the approved project. Reasonable
architectural and engineering fees essential to the preparation of a
proposal application, incurred within a period 9 months prior to
preapplication submission to NPS, are reimbursable. Architectural and
engineering fees prior to the 9 month period will not be eligible for
reimbursement or cost sharing. Other costs incurred prior to approval of
any UPARR grant, and fees to consultants for preparation of UPARR grant
applications are not reimbursable. No more than 5 percent of the total
grant cost may be used by the grantee or pass-through sub-grantee for
grant administrative costs. The remaining funds must be made available for
projects. Any costs incurred for travel outside the local applicant
jurisdiction will not be reimbursable without prior approval from NPS.
(1) Local intent. Rehabilitation and Innovation proposals which
provide recreation to residents within a distressed local neighborhood
area will be given higher priority. Proposals which have a primary intent
to attract or to provide recreation for visitors from outside the
applicant jurisdiction, or proposals whose primary objective is the
enhancement of the area's economy through the attraction of visitors to
the jurisdiction, will not be considered. Innovation proposals which
transport residents from distressed neighborhoods to recreation
opportunities outside the local jurisdiction, may be considered eligible
for funding.
(2) Conservation and energy. Proposals which foster the
conservation of energy and natural resources are encouraged; e.g.
improvements in accessibility which reduce the need of automobile
transportation, efficient use of electrical or other power sources, and
water conservation.
(3) Multiple site requests. Rehabilitation and Innovation
proposals may request funding for neighborhood-oriented recreation
facilities or services which affect the entire recreation system of the
applicant jurisdiction, several specific sites or areas, or a single site
or area. Innovation proposals which affect multiple facilities or services
must be oriented to a single purpose, or one basic innovative category or
approach.
(4) Support facilities. The rehabilitation of support facilities
for any grant project will be eligible for funding only when such
facilities are well defined, are included as part of an overall
rehabilitation effort, and provide direct recreation opportunities and
benefits to the population being served. Rehabilitation grants may cover
costs of remodeling, expanding or developing (see �72.42) existing outdoor
or indoor recreation areas and facilities, including improvements in park
landscapes and buildings. Assistance for the rehabilitation of
multi-service facilities must be prorated to those elements within the
proposal necessary for the provision of recreation opportunities.
(5) Elements excluded from funding. The Act excludes UPARR
assistance for major sport arenas, exhibition areas and conference halls
used primarily for commercial sports, spectator, or display activities;
routine maintenance and upkeep supplies or activities; and for the
acquisition of land or interests in land.
� 72.45 Fundable elements: Innovation
grants.
top
(a) Innovation grants may cover costs related to improved delivery of
recreation services (including personnel, training, facilities, recreation
equipment and supplies), except those which pertain to routine operation
and maintenance not directly related to the provision of recreation
opportunities. All equipment and supply requests in Innovation proposals
will be reviewed to assure that they will substantially contribute to the
recreation services intended under the specific grant. The intent of
Innovation grants is to test new ideas, concepts and approaches aimed at
improving facility design, operations or programming in the delivery of
neighborhood recreation services. They should also contribute to a systems
approach to recreation by linking recreation services with other critical
community programs; such as transportation, housing, and health programs.
The UPARR Program will competitively choose the best quality Innovation
proposals with nationwide demonstration potential, and which serve people
who most need the new recreation services. An innovative community
recreation project may be a service, a process, an organizational
arrangement or a technique. The innovation should demonstrate a concept
that is untried, unique, and/or advances the state of the art for
recreation. Ideas from successful Innovation proposals will be
disseminated nationwide through annual progress reports to Congress, as
required in section 1015(b) of the Act, and through the ongoing technical
assistance efforts of NPS. Information seminars, workshops and other
techniques may also be used to provide the greatest possible exposure of
these ideas for use in other communities. Because the legislation limits
the yearly funds available for Innovation grants (not more than 10% of
funds authorized), the majority of Innovation grants should ideally be
monetarily smaller awards aimed at leveraging public and private community
support and providing activities with high demonstration value, rather
than large-scale development or expansion projects. The long-range intent
of funding innovative proposals is to support and demonstrate a great
variety of ideas during the five year implementation of the UPARR Program.
For this reason, only one or two proposals having a similar emphasis or
approach will be funded. Proposed Innovation projects which have been
demonstrated before or are currently being operated in other cities, may
be considered for UPARR assistance if the application identifies and
addresses the question of the special nature or circumstances surrounding
the new project.
(1) Program services. Innovation grant costs may include those
costs which relate to: demonstrations of the improved multiple-use of
public buildings e.g., schools, community centers, libraries; unique
program expansions or increases in services; purchase of recreation
services on a contractual basis; increased access to recreation areas; and
cost-effective management techniques.
(2) Adaptive reuse. In addition to providing services for areas
or facilities already in recreation use, Innovation grants may provide
funding for the adaptive reuse of areas or facilities not currently in
recreation use, or those where mixed community use occurs. Physical
rehabilitation of facilities not currently in recreation use (whether
public or private) may be funded as part of an Innovation proposal, and
would be classified as adaptive reuse. An example would be conversion of
an abandoned building to a unique community recreation center. When only a
portion of the area or facility will be used for recreation, only that
portion will be eligible for UPARR funding.
(3) Supplies. Funds may be used to purchase expendable supplies
and equipment which relate directly to an Innovation proposal, such as
sports equipment, arts and crafts supplies, chairs and tables if needed
for an activity, and essential emergency or safety equipment. General
office supplies and furniture not used exclusively to provide recreation
services as a part of the proposal, or not an inherent component of the
proposal, will not be reimbursable.
(4) Coordination. Local costs incurred for coordinating any
grant proposal activities and programs with other public, non-profit or
private community services may be reimbursable.
(5) Personnel. Eligible personnel costs for Innovation proposals
will be limited to salaries and benefits of those employees directly
engaged in the provision of recreation services or formulation of new
techniques. Volunteer services may be furnished by professional and
technical personnel, consultants, and other skilled and unskilled labor.
Each hour of committed volunteer service may be counted toward the local
matching share of funds, if the service provided is an integral part of an
approved proposal.
(6) Special populations. A proposal which will provide
recreation opportunities primarily for a specific demographic group, such
as the elderly, youth or handicapped, may be funded. However, the
recreation provided must be open to the public, incorporate some
activities for the general population, and address needs as identified in
the local Recovery Action Program. Services for special populations, such
as transportation to recreation facilities, may also be funded.
(b) Basic types of Innovation proposals. Types of Innovation
proposals which can be funded are suggested by, but not limited to, the
following types:
(1) The unique integration of recreation with other community services;
such as transportation, public housing and public safety; either to expand
or update current services, or to link programs within the social service
structure of a neighborhood, or between neighborhoods.
(2) New management and cost-saving or service-efficient approaches for
improving the delivery of recreation services should be fundamental to all
Innovation and Rehabilitation proposals, and may also be the prime focus
of an Innovation proposal. Extending hours of operation, increasing the
variety of recreation programs, contracting with commercial or private
non-profit agencies to supply specific recreation services, or assisting
citizens in designing and operating their own programs, are examples of
management approaches.
(3) New approaches to facility design which emphasize user needs and
preferences and promote efficient operation and energy conservation.
(4) New fiscal techniques to generate revenue for continuing operation
and maintenance, such as tax credits.
(5) Techniques for improving transportation and access to recreation
opportunities.
(6) Techniques to facilitate private, non-profit, and community
involvement in providing recreation opportunities.
(7) Improved use of land resources; such as utilizing abandoned
railroads and highway rights-of-way, waterfronts, street spaces, or
derelict land for recreation.
(8) Adaptive reuse or multiple use of public or private facilities and
areas. (Private areas or facilities utilized must be opened to the
public.)
(9) Techniques to prevent or reduce crime, abuse and vandalism; such as
better design, non-destructible building materials, or use of community
volunteers to supervise areas.
(10) Communications and public awareness of recreation opportunities,
including education in leisure services; but excluding research.
� 72.46 Citizen participation
requirements.
top
(a) Recovery Action Program Grants. Citizen participation is
required for developing and implementing a Recovery Action Program (�72,
Subpart B), but is not required in the process of preparing a local
Recovery Action Program grant application.
(b) Rehabilitation and Innovation grant. The applicant shall
provide citizens with an adequate opportunity to participate in the
development of a Rehabilitation and/or Innovation proposal and in
implementation, monitoring and evaluation of the activities supported
through the grants. The applicant shall also encourage the submission of
views and proposals, particularly by residents of blighted neighborhoods
and citizens with low and moderate incomes. The applicant is encouraged to
utilize a variety of approaches to ensure public involvement. Nothing in
these requirements, however, shall be construed to restrict the legal
responsibility and authority of the applicant for the execution of its
Recovery Action Program, and the development of its UPARR
applications.
� 72.47 [Reserved]
top
� 72.48 Federal coordination.
top
Applicants requesting UPARR assistance under one of the three grant
categories shall investigate the possibilities of administrative and/or
funding coordination with other Federal programs. Higher priority is given
to proposals which relate to a comprehensive neighborhood revitalization
strategy, including, but not limited to programs such as the Department of
Housing and Urban Development (HUD) Neighborhood Self-Help program.
� 72.49 [Reserved]
top
Subpart D�Grant Selection, Approval and Administration
top
Source: 45 FR 71723, Oct. 29, 1980,
unless otherwise noted. Redesignated at 46 FR 34329, July 1, 1981;
correctly redesignated at 46 FR 43045, Aug. 26, 1981.
� 72.50 Grant selection criteria.
top
(a) Recovery Action Program grant selection criteria. The
following criteria will be used in evaluating Recovery Action Program
grant applications and in deciding priorities for funding:
(1) Degree of need for funds to develop a Recovery Action Program and
an ongoing planning process, including the size and complexity of the
community's problems, deficiencies in existing planning, and in the
capability of the community to initiate and sustain continuing planning
efforts.
(2) Degree of the community's commitment to systematic planning,
including financial, personnel and time resources already devoted to
planning or committed for the future.
(3) Extent to which current park and recreation planning is integrated
with overall community planning or would be better integrated as a result
of the grant, including use of other Federal or State funds for related
planning purposes.
(4) Appropriateness and efficiency of the planning program's work
elements (scope, timing, methodology, staffing and costs) in relation to
the basic requirements for Recovery Action Programs contained in subpart
B, ��72.10 through 72.18 (45 FR 15456).
(b) Rehabilitation Grant Selection Criteria. The following
criteria will be used to evaluate and rank Rehabilitation proposals:
(1) The Federal UPARR investment per person served by the entire
system; relationship between the size of the community and the amount of
grant funds requested. Highest priority will be given to proposals with
lower per capita costs in relation to recreation benefits provided.
(2) Providing neighborhood recreation needs. Higher priority will be
given to proposals serving close-to-home recreation needs, lower priority
to those serving area or jurisdiction-wide needs.
(3) Condition of existing recreation properties to be rehabilitated,
including the urgency of rehabilitation and the need to maintain existing
services.
(4) Improvement in the quality and quantity of recreation services as a
result of rehabilitation, including improvements at specific sites and
overall enhancement of the recreation system.
(5) Improvement of recreation service to minority and low to moderate
income residents, special populations, and distressed neighborhoods.
(6) Proposal's consistency with local government objectives and
priorities for overall community revitalization.
(7) Neighborhood employment opportunities created.
(8) State participation in the proposal, including financial and
technical assistance.
(9) Private participation by both the non-profit and for-profit sectors
in the proposal, including contributions of financial assistance.
(10) Jurisdiction's commitment to implementing its overall Recovery
Action Program.
(c) Innovation Grant Selection Criteria. The following criteria
will be used to evaluate and rank Innovation proposals:
(1) Degree to which the proposal provides a new, unique or more
effective means of delivering a recreation service that can serve as a
model for other communities.
(2) Degree of citizen involvement in proposal conceptualization and
implementation.
(3) Degree to which the proposal may lead to a positive, systemic
change in how park and recreation services are provided. Extent to which
the proposal creates opportunities for new partnerships between the people
affected, private interests within the community, and public agencies
(e.g., Mayor's Office, Recreation Department, Board of Education, Planning
Department, social service agencies).
(4) Degree of commitment of community and proposal participants to
continue the long term program objectives, including commitments to
continue funding after the requested Federal grant money is no longer
available. Extent of private resources committed to providing funds or
in-kind services for continuing operation and maintenance of projects.
(5) Degree to which proposal managers use the Federal funds to leverage
greater public or private investments (in the form of services and
materials, as well as dollars).
(6) Degree to which the proposal provides potential coordination with
other community, State and Federal programs of community development and
those providing recreation to the target population (e.g., public and
private non-profit, education programs, CETA for employment, HUD
programs).
(7) Extent of improvement in the quality and quantity of recreation
services as a result of the Innovation project.
(8) Degree to which the proposal ties in with goals, priorities and
implementation strategies expressed in the local park and recreation
Recovery Action Program.
(9) Degree to which the proposal leads to a transfer of a recreation
role traditionally performed by a public entity, to quasi-public or
private non-profit interests. This degree means the degree to which the
private sector can take full responsibility, supplement, or fill the gaps
in public recreation services, management or operation; either through a
transfer of funding responsibility, or an exchange of technique or method
approaches which may prove to be more effective under the private sector.
This should in no way alter the public sector responsibility to continue
to provide and/or monitor good quality recreation facilities and
services.
(10) Degree to which a proposal benefits disadvantaged community
populations and/or those areas within a distressed community which have
the greatest recreation deficiencies.
Note: Innovation proposals for the adaptive reuse of
non-recreation areas or structures, through rehabilitation for recreation
should also address rehabilitation selection criteria, particularly the
criteria covering Federal investment per person served and the degree to
which the proposal would serve close to home recreation
needs.
� 72.51 A�95 clearinghouse
requirements.
top
Notice of intent to submit any application for UPARR funding must be
forwarded by the applicant, no later than 60 days prior to submission of a
grant application, to the State clearinghouse and appropriate metropolitan
or areawide clearinghouses, in accordance with OMB Circular A�95 and
Interior Department Manual part 511. If a jurisdiction wishes to compress
the A�95 timetable, it must receive approval of the clearinghouse.
Appropriate A�95 notifications must be submitted for all three types of
UPARR grants at both preapplication and full application stages. Standard
Form 424 is to be used for these notices unless otherwise specified by the
clearinghouse. Comments from clearinghouses, if available, must be
included with the preapplication. All A�95 comments will become part of
the required application and proposal file which will be retained by NPS.
A�95 requirements for Recovery Action Programs and grants are discussed in
�72.52.
� 72.52 Recovery Action Program grant
applications.
top
The application procedure for Recovery Action Program grants differs
from the procedure for Rehabilitation and Innovation grants. Ranking and
selection for funding of Recovery Action Program grants will be initiated
on the basis of a full application, preparation of which will be assisted
through meetings with NPS regional staff.
(a) Preapplication Conference. In the preparation of a Recovery
Action Program grant application, applicants are encouraged to discuss
with NPS regional personnel, or State personnel, when an agreement between
NPS and the State covers such action, the adequacy of the proposal in
meeting the requirements for a Recovery Action Program. Prior to formal
submission, the Recovery Action Program grant application should be
reviewed with the appropriate NPS Regional Office.
(b) Submission of Applications. In addition to Standard Form 424
on Federal Assistance notification, applicants for Recovery Action Program
grants shall submit the following documents and required attachments to
NPS Regional Offices:
(1) OMB Form 80�RO190, completed as prescribed by OMB Circular A�102.
(Application for Federal assistance, for non-construction programs).
(2) Grant agreement form.
(3) Narrative statements which will be used in evaluating grant
applications in relationship to the selection criteria as defined in
�72.50(a), including:
(i) The need for the planning grant.
(ii) The jurisdiction's existing or proposed commitments to developing
a full Recovery Action Program and an ongoing planning process.
(iii) The relationship of the planning program to overall community
plans and programs.
(iv) Appropriateness of the proposed planning program's scope, timing
and methodology in relation to UPARR planning requirements and the
community's identified planning needs.
(v) Dollars and work years to be devoted to development of each element
in the proposed Recovery Action Program, including some indications of the
qualifications of staff members who will work on the program.
(vi) If appropriate, a discussion of work elements to be contracted out
to other government agencies, private consultants or private non-profit
agencies, including the reasons for contracting work elements instead of
doing the work within the community's own planning agencies.
(4) Applications for RAP grants need a full 60 day A�95 clearinghouse
review. Clearinghouse comments for RAP grants must then be submitted to
NPS. Final RAP's also must be submitted to clearinghouses, in accordance
with OMB Circular A�95.
� 72.53 Preapplication process for
Rehabilitation and Innovation grants.
top
To reduce the amount of time and documentation needed for a full
application, and to foster the competitive aspects of the UPARR program, a
preapplication procedure is used.
(a) The preapplication must provide information adequate to guide
proposal selection. Grants will be awarded in accordance with the
availability of funds. Funding for an approved grant will not be increased
from subsequent yearly appropriations.
(b) Applicants are encouraged to discuss their proposals with their NPS
Regional Office to determine basic fundability and competitiveness prior
to submitting a preapplication.
(c) If a State is assisting the applicant in preapplication
preparation, providing a source of matching share, or giving technical
assistance, the State may assist in submission of the preapplication to
the appropriate NPS Regional Office with the applicant's prior approval.
The amount, source and assurance of State assistance for a matching share
must be specified in the preapplication.
(d) The following procedural guidelines shall apply to submission and
approval of Rehabilitation and Innovation proposals.
(1) Preapplications shall be submitted to the appropriate NPS Regional
Office by the chief executive officer of the applicant jurisdiction. The
preapplication must include those items as set forth in the
Preapplication Handbook, available from any NPS Regional Office. In
addition to the narrative on selection criteria, all preapplications for
Rehabilitation proposals must include a short description stating; (i) the
problem addressed by the proposal, including existing conditions, (ii) the
reason for the problem or why the condition exists, and (iii) the proposed
solution to the problem and what corrective measures will be used.
(2) An applicant may have no more than one Innovation and one
Rehabilitation proposal under consideration in any one funding cycle.
(3) Any existing and/or proposed fees or charges for recreation
opportunities or services provided through a UPARR grant, whether for
public, private or non-profit activities, must be identified in the
preapplication.
(4) Discretionary applicants must submit a narrative statement, signed
by the chief executive of the applicant jurisdiction, which explains and
quantifies the degree of physical and economic distress in the community.
Statistics and discussion on distress shall address, but need not be
limited to, the criteria used to select eligible jurisdictions contained
in Appendix A of this part. A discretionary narrative statement must be
included in each preapplication.
(5) All submitted grant preapplications will be reviewed by NPS
Regional Offices to assure that they meet all minimum legal and technical
standards before being certified as eligible for competition. Proposals
not meeting minimum standards will be returned to the applicant.
Periodically, all certified proposals will be evaluated in the Regional
Offices before being submitted to Washington, where they will be judged by
national panels whose member are knowledgeable in recreation and urban
revitalization. Innovation and Rehabilitation proposals will be judged by
separate panels.
(6) Following review and ranking by the panels, the Director will
approve tentative grant offers for those proposals which may be funded.
Successful applicants will be notified by the NPS Regional Offices, and
completion of the formal application process will take place. The formal
application process must be completed within 120 days of notification of
the tentative grant offer, or the tentative grant offer may be withdrawn.
Final approval of a grant and obligation of funds will occur when all
application requirements have been met and the appropriate documents are
on file. No costs may be incurred or reimbursed, except incurred
architectural and engineering fees indicated in �72.44, until NPS approval
of the grant agreement.
(7) Unfunded proposals may require modifications to improve their
competitiveness. Applicants with such proposals will be advised by NPS of
suggested modifications, if any, to increase their chances for funding in
future grant rounds.
(8) If an applicant wishes a proposal to remain in competition, it may
be considered for two additional funding cycles, with or without minor
modifications, before it is returned to the applicant. Major modifications
of scope and/or total funding request will require complete resubmission
of a proposal as a new preapplication. Applicants who wish to change the
scope and/or total funds requested for a proposal which is already in
competition, must submit a written request for withdrawal of the previous
proposal before submitting a new proposal in the same competition.
(9) The Director reserves the right to withdraw a grant offer if it is
determined that any preapplication contains misstatements or
misrepresentations of fact, or problems identified which cannot be
resolved.
� 72.54 Rehabilitation and Innovation
grants�full application process.
top
Once a Rehabilitation or Innovation proposal has received a tentative
grant offer, applicants will be responsible for compliance with all
applicable Federal laws and regulations listed in OMB Circular A�102,
including those specific Acts and Executive Orders listed in �72.56 of
these regulations. The applicant must also complete all documentation and
other requirements specified by OMB circulars A�102, and A�95 within 120
days. Regional Offices of NPS will provide technical assistance to
grantees in complying with these requirements. A grant will not be
approved until the applicant is in compliance with the above
requirements.
� 72.55 [Reserved]
top
� 72.56 Grant program compliance
requirements.
top
(a) Once a proposal has received a grant offer, applicants will be
responsible for compliance with all applicable Federal laws and
regulations, including, but not limited to:
Architectural Barriers Act of 1968 (P.L. 90�480)
Clean Air Act and Federal Water Pollution Control Act
Copeland Anti-kickback Act
Endangered Species Act of 1973 (Pub. L. 93�205)
Executive Order 11246, Equal Employment Opportunity
Executive Order 11593, Protection and Enhancement of the Cultural
Environment
Executive Order 11625, Arrangements for Developing and Coordinating a
National Program for Minority Business Enterprise
Executive Order 11988, Floodplains Management
Executive Order 11990, Protection of Wetlands
Executive Order 12088, Federal compliance with Pollution Control
Standards
Executive Order 12185, Conservation of Petroleum and Natural Gas
Flood Disaster Protection Act of 1973 (Pub. L. 93�234)
Historical and Archeological Data Preservation Act of 1974 (Pub. L.
93�291) 36 CFR 66
National Environmental Policy Act of 1969 (Pub. L. 91�190)
National Historic Preservation Act (Pub. L. 89�665)
Nondiscrimination section 109 of the Housing and Community Development
Act of 1974 (42 USC 5301) as amended.
Section 504 of the Rehabilitation Action Act of 1973
Title VI of the Civil Rights Act of 1964, Executive Order 11764
Title VIII of the Civil Rights Act of 1968 (42 USC 3601) as amended,
Executive Order 11063 (27 FR 11527)
Uniform Relocation Assistance & Land Acquisition Policies Act of
1970 (Pub. L. 91�646)
(b) Applicants using General Revenue Sharing or Community Development
Block Grant monies as a matching share must check with the responsible
Federal agencies, i.e. Treasury or HUD to determine if the Davis-Bacon Act
is applicable. (HUD regulations 24 CFR part 570 [CDBG]. Treasury
regulations 31 CFR part 51, State and Local Fiscal Assistance Amendments
of 1976 [P.L. 94�488], General Revenue Sharing program.) Questions
concerning other CDBG requirements should be addressed to the HUD Area
Office serving the UPARR applicant jurisdiction.
�� 72.57-72.59 [Reserved]
top
� 72.60 Grant administrative
procedures.
top
(a) Admininstrative Requirements for Recipients of UPARR Assistance.
For all grants under this Program, the administrative requirements are
the attachments listed in the Office of Management and Budget (OMB)
Circular A�102 (as revised).
(b) Accounts, Audit, Inspection. Adequate financial records must
be maintained by the applicant to support all expenditures or costs
covered by a Recovery Action Program, Rehabilitation or Innovation
project, as specified in Federal Management Circular (FMC) 74�4 and OMB
Circular A�102.
(c) Additional conditions. The Director may, with respect to any
grant, impose additional conditions prior to, or at the time of grant
approval, when in his or her judgement these conditions are necessary to
assure or protect advancement of the grant purposes, the interests of
public health or safety, or the conservation of grant funds. Extra
requirements may be imposed on high-risk grantees who have records of
default on prior Federal grants.
(d) Remedies for Noncompliance. In appropriate circumstances,
the Director may suspend or recoup the financial assistance provided under
UPARR, upon the formal finding that the Grantee is in violation of the
terms of the grant or the provisions of these regulations.
� 72.61 [Reserved]
top
� 72.62 Amendments to approved
grants.
top
Changes which alter the scope of any approved UPARR competitive grant
must be submitted to and approved by NPS. Once a grant offer is made,
based upon the preapplication, no increases in the amount of UPARR funding
specified in the original proposal will be considered. Such changes should
be the basis of a new proposal or application.
� 72.63 Grant payments.
top
The Director shall make payments to a grantee of all, or a portion of
any grant award, either in advance or by way of reimbursement. Advance
payments on approved Rehabilitation or Innovation grants will be in an
amount not to exceed 20% of the total grant cost [section 1006(2) of the
Act].
� 72.64 [Reserved]
top
� 72.65 Other requirements.
top
(a) Requirements for Operation and Maintenance. Grantees are
required to keep all UPARR assisted properties in reasonable repair to
prevent undue deterioration, and to encourage public use during reasonable
hours and times of the year, according to the type of facility and
intended uses.
(b) Non-discrimination. There shall be no discrimination for
UPARR assisted programs or services on the basis of residence, except in
reasonable fee differentials.
(c) Sunset Reports. In compliance with the sunset and reporting
provision of the Act, section 1015(b), an annual report will be prepared
on the achievements of the Innovation grant program, with emphasis on the
nationwide implications of successful innovation projects. A final report
on the overall impact of the UPARR Program will be prepared within 90 days
of the expiration of the authority. Additional project information may be
requested from applicants to facilitate the preparation of such
reports.
Subpart E�Post-Completion Compliance Responsibilities
top
Source: 51 FR 34186, Sept. 25, 1986,
unless otherwise noted.
� 72.70 Applicability.
top
These post-completion responsibilities apply to each area or facility
for which Urban Park and Recreation Recovery (UPARR) program assistance is
obtained, regardless of the extent of participation of the program in the
assisted area or facility. Responsibility for compliance with these
provisions rests with the grant recipient. The responsibilities cited
herein are applicable to the 1010 area depicted or otherwise described in
the 1010 boundary map and/or as described in other project documentation
approved by the Department of the Interior. In many instances, this area
exceeds that actually receiving UPARR assistance so as to assure the
protection of a viable recreation entity. For leased sites assisted under
UPARR, compliance with post-completion requirements of the grant following
lease expiration is dictated by the terms of the project agreement.
� 72.71 Information collection.
top
The information collection requirements contained in �72.72 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1024�0048. The information is being
collected to determine whether to approve a grant recipient's request to
convert an assisted site or facility to other than public recreation uses.
The information will be used to assure that the requirements of section
1010 of the UPARR Act would be met should the proposed conversion be
implemented. Response is required in order to obtain the benefit of
Department of the Interior approval.
� 72.72 Conversion requirements.
top
(a) Background and legal requirements. The UPARR program has
made funds available for the renovation and rehabilitation of numerous
urban parks and recreation facilities. In many cases, the UPARR funds were
used only in a portion of a site or facility or were only a small
percentage of the funds required to renovate or rehabilitate a property.
Nevertheless, all recipients of funds for renovation and rehabilitation
projects are obligated by the terms of the grant agreement to continually
maintain the site or facility for public recreation use regardless of the
percent of UPARR funds expended relative to the project and the facility
as a whole. This provision is contained in the UPARR Program
Administration Guideline (NPS�37) and is also referenced in �72.36. In
accordance with section 1010 of the UPARR Act, no property improved or
developed with UPARR assistance shall, without the approval of NPS, be
converted to other than public recreation uses. A conversion will only be
approved if it is found to be in accord with the current local park and
recreation Recovery Action Program and/or equivalent recreation plans and
only upon such conditions as deemed necessary to assure the provision of
adequate recreation properties and opportunities of reasonably equivalent
location and usefulness. Section 1010 is designed to ensure that areas or
facilities receiving UPARR grant assistance are continually maintained in
recreation use and available to the general public.
(b) Prerequisites for conversion approval. Requests for
permission to convert UPARR assisted properties in whole or in part to
other than public recreation uses must be submitted by the recipient to
the appropriate NPS Regional Director in writing. NPS will only consider
conversion requests if the following prerequisites have been met:
(1) All practical alternatives to the proposed conversion have been
evaluated.
(2) The proposed conversion and substitution are in accord with the
current Recovery Action Program and/or equivalent recreation plans.
(3) The proposal assures the provision of adequate recreation
properties and opportunities of reasonably equivalent usefulness and
location. Dependent upon the situation and at the discretion of NPS, the
replacement property need not provide identical recreation experiences or
be located at the same site, provided it is in a reasonably equivalent
location. It must, however, be administered by the same political
jurisdiction as the converted property. Equivalent usefulness and location
will be determined based on the following criteria:
(i) Property to be converted must be evaluated in order to determine
what recreation needs are being fulfilled by the facilities which exist
and the types of recreation resources and opportunities available. The
property being proposed for substitution must then be evaluated in a
similar manner to determine if it will meet recreation needs which are at
least like in magnitude and impact to the user community as the converted
site.
(ii) Replacement property need not necessarily be directly adjacent to
or close by the converted site. This policy provides the administrative
flexibility to determine location recognizing that the property should
meet existing public recreation needs. While generally this will involve
the selection of a site serving the same community(ies) or area as the
converted site, there may be exceptions. For example, if property being
converted is in an area undergoing major demographic change and the area
has no existing or anticipated future need for recreation facilities, then
the project sponsor should seek to locate the substitute area in another
location within the jurisdiction.
(4) In the case of assisted sites which are partially rather than
wholly converted, the impact of the converted portion on the remainder
shall be considered. If such a conversion is approved, the unconverted
area must remain recreationally viable or be replaced as well.
(5) The guidelines for environmental evaluation have been
satisfactorily completed and considered by NPS during its review of the
proposed 1010 action. In cases where the proposed conversion arises from
another Federal action, final review of the proposal shall not occur until
NPS is assured that all environmental review requirements related to that
other action have been met.
(6) State intergovernmental clearinghouse review procedures have been
adhered to if the proposed conversion and substitution constitute
significant changes to the original grant.
(c) Amendments for conversion. All conversions require
amendments to the original grant agreement. Amendment requests should be
submitted concurrently with conversion requests or at such time as all
details of the conversion have been worked out with NPS. Section 1010
project boundary maps shall be submitted with the amendment request to
identify the changes to the original area caused by the proposed
conversion and to establish a new project area pursuant to the
substitution. Once the conversion has been approved, replacement property
should be immediately acquired. Exceptions to this rule would occur only
when it is not possible for replacement property to be identified prior to
the request for the conversion. It will, however, be NPS policy to avoid
such a situation if at all possible and to agree only if warranted by
exceptional circumstances. In such cases, express commitment to satisfy
section 1010 substitution requirements within a specified period, normally
not to exceed one year following conversion approval, must be received
from the local government agency in the form of a grant amendment.
(d) Obsolete facilities. Recipients are not required to continue
operation of a particular facility beyond its useful life. However, when a
facility is declared obsolete, the site must nonetheless be maintained in
public recreation use following discontinuance of the assisted facility.
Failure to so maintain is considered to be a conversion. Requests
regarding changes from a UPARR funded facility to another otherwise
eligible facility at the same site that significantly contravene the
original plans for the area must be made in writing to the Regional
Director. NPS approval must be obtained prior to the occurrence of the
change. NPS approval is not necessarily required, however, for each and
every facility use change. Rather, a project area should be viewed in the
context of overall use and should be monitored in this context. A change
from UPARR-developed tennis courts to basketball courts, for example,
would not require NPS approval. A change from a swimming pool to a less
intense area of limited development such as picnic facilities, or vice
versa, would, however, require NPS review and approval. To assure that
facility changes do not significantly contravene the original project
agreement, NPS shall be notified by the recipient of all proposed
changes in advance of their occurrence. A primary NPS consideration in the
review of requests for changes in use will be the consistency of the
proposal with the Recovery Action Program and/or equivalent recreation
plans. Changes to other than public recreation use require NPS approval
and the substitution of replacement land in accordance with section 1010
of the UPARR Act and paragraphs (a) through (c) of this section.
� 72.73 Residency requirements.
top
(a) Background. UPARR policy prohibits discrimination on the
basis of residence (refer to �72.65(b)) including preferential reservation
or membership systems on properties improved with UPARR assistance. This
prohibition applies to both regularly scheduled and special events. The
general provisions regarding non-discrimination at sites assisted under
Interior programs and, thereby, all other recreation facilities managed by
the recipient, are covered in 43 CFR part 17 which implements the
provisions of title VI of the Civil Rights Act of 1964 for the
Department.
(b) Policy. There shall be no discrimination for UPARR assisted
programs or services on the basis of residence, except in reasonable fee
differentials. Post-completion compliance responsibilities of the
recipient should continue to ensure that discrimination on the basis of
residency is not occurring.
(c) Fees. For parks or recreation properties or programs funded
with UPARR assistance, fees charged to nonresidents cannot exceed twice
that charged to residents. Where there is no charge for residents but a
fee is charged to nonresidents, the nonresident fees cannot exceed fees
charged at comparable State or local public facilities having fee systems.
These fee provisions apply only to the approved 1010 areas applicable to
the recipient. Reservation, membership, or annual permit systems available
to residents must also be available to nonresidents and the period of
availability must be the same for both residents and nonresidents.
Recipients are prohibited from providing residents the option of
purchasing annual or daily permits while at the same time restricting
nonresidents to the purchase of annual permits only.
�� 72.74-72.75 [Reserved]
top
Appendix A to Part 72�Criteria for Eligibility
top
Jurisdictions were considered for eligibility if they were functioning
general purpose local governments in one of three categories:
1. Central cities of Standard Metropolitan Statistical Areas in either
1970 or 1976 (1970 data derived from U.S. Bureau of the Census, Census of
Population: 1970, 1976 data derived from U.S. Bureau of the Census, 1976
Revenue Sharing Estimates File).
2. Cities and townships with Populations of 40,000 or more in either
1970 or 1976 (1970 data derived from U.S. Bureau of the Census, Census of
Population: 1970, 1976 data derived from U.S. Bureau of the Census, 1976
Revenue Sharing Estimates File).
3. Counties with populations of 250,000 or more in either 1970 or 1976
(1970 data derived from U.S. Bureau of the Census, Census of Population:
1970; 1976 data derived from 1976 Revenue Sharing Estimates File).
Indicators (variables) of distress and need were selected to determine
eligibility for the program and were chosen for timeliness, reliability,
and relevance to the Act. Certain variables were not used due to
duplication, others because they were not available for all jurisdictions,
and some because they were unrelated to the purposes of the Act. (Section
1002 of the Act states that the Congress finds that (a) the quality of
life in urban areas is closely related to the availability of fully
functional park and recreation systems including land, facilities, and
service programs; (b) residents of cities need close-to-home recreational
opportunities that are adequate to specialized urban demands, with parks
and facilities properly located, developed, and well maintained; (c) the
greatest recreational deficiencies with respect to land, facilities, and
programs are found in many large cities, especially at the neighborhood
level; (d) inadequate financing of urban recreation programs due to fiscal
difficulties in many large cities has led to the deterioration of
facilities, nonavailability of recreation services, and an inability to
adapt recreational programs to changing circumstances; and (e) there is no
existing Federal assistance program which fully addresses the needs for
physical rehabilitation and revitalization of these park and recreation
systems.)
The National Park Service asked the Bureau of the Census to assist in
the analysis of national data in order to ensure that reliable, timely and
applicable indicators of distress were used in determining eligibility for
the program. NPS received comments from a number of interested individuals
on what they considered, in their best judgment, to be the criteria that
should be used in the program. NPS also received numerous position papers
from national interest groups on what they thought were suitable
indicators for the program. NPS then began a narrowing process intended to
select the most appropriate criteria for eligibility in the program.
Listed below are the six variables selected for eligibility
criteria:
Population Per Square Mile
This variable is commonly termed population density, and it is defined
as the number of persons per square mile of land. It provides an
indication of the extent to which an area is urbanized. Highly urbanized
areas are most lacking in land set aside for recreation and park
facilities and are experiencing difficulty in maintaining existing
facilities. Highly dense areas tend to have the greatest need for
assistance in revitalization of their neighborhood park and recreation
facilities. Therefore, jurisdictions having high values for density would
be favored by this variable, based on 1975 data of the U.S. Bureau of the
Census.
Net Change in Per Capita Income 1969�75
Per capita income is the estimated average amount of total money income
per person. It is derived by dividing the total income of a particular
group by the total population in that group. Comparison of change in per
capita income between urban jurisdictions provides an indication of each
jurisdiction's economic growth. If the income of a city is growing more
slowly than another city, the city with slower growth is in a relatively
weaker economic position. As cited in the �Report on the Fiscal Impact of
the Economic Stimulus Package on 48 Large Urban Governments (1978),�
income growth is a determinant of taxable wealth and level of economic
activity, and indicates a jurisdiction's capability to finance its own
recreation and other projects. This measure of financial capacity is
related to the Act which stipulates that the Secretary of the Interior
consider factors related to economic distress. Therefore, jurisdictions
with either negative or low relative growth in per capita income would be
favored by this variable, based on 1976 data of the U.S. Bureau of the
Census.
Percent Unemployed, 1977
Percent unemployed, commonly termed the unemployment rate is defined as
the number of people unemployed as a percent of the civilian labor force.
The unemployment data are the product of a Federal/State cooperative
program in which State Employment Security agencies prepare labor force
and unemployment estimates using concepts, definitions, and technical
procedures established by the Bureau of Labor Statistics. The National
Urban Recreation Study found that recreation and leisure time
opportunities are most limited for the economically disadvantaged,
including the unemployed. The 17 field studies of the National Urban
Recreation Study reveal that low-income neighborhoods have less
program diversity, little, if any, commercial recreation opportunities,
and fewer year-round programs than higher income neighborhoods.
Consideration of this variable is consistent with the mandate of the Act
which requires that criteria be considered related to physical and
economic distress. Therefore, this variable would tend to favor
jurisdictions having high unemployment rates.
Percent of Households Without Automobiles Available, 1970
Automobile availability, as defined by the Bureau of the Census,
represents the number of passenger automobiles, including station wagons,
which are owned or regularly used by any member of the household and which
are ordinarily kept at home. Taxicabs, pickups, or larger trucks were not
counted. Lack of automobile availability is closely related to lack of
recreation opportunity. The Recreation Access Study (U.S. Department of
Transportation, 1975) found that access to a diversity of recreation
opportunities is generally assured for those who have automobiles and are
willing to travel reasonable distances, but such opportunities are often
severely limited for people without cars. In addition, the 17 field
studies of the National Urban Recreation Study concluded that most
recreation opportunities for those without access to a personal auto is
limited to immediate neighborhoods or place of residence. This variable is
relevant to the Act in that the transportation disadvantaged households
are the group that has the greatest need for expanded opportunities to
enjoy their close to home resources.
Therefore, jurisdictions having a high proportion of households without
automobiles would be favored by this variable, based on 1970 data of the
U.S. Bureau of the Census.
Total Population Under 18 Years of Age, and 60 Years and Over,
1970
This variable identifies those persons most likely to be the most
frequent users of public park and recreation facilities. While many senior
citizens have adequate incomes, they tend to be considerably less affluent
and less mobile than the general population. Younger and older children
also need public recreation facilities, especially in highly urbanized
areas, where recreation facilities are most lacking. This variable was
selected to favor areas with greater concentrations of the dependent
population where need for recreation would be the greatest, and where
rehabilitation of existing facilities the most pressing, in accordance
with the Act. The variable was used in its absolute rate to give an
indication of the size of the client populations in each jurisdiction,
based on 1970 data of the U.S. Bureau of the Census.
Percent Persons With Income Below 125 Percent Poverty Level,
1970
In 1970, percent of population below poverty level was calculated by
the Bureau of the Census as the proportion of the total population which
reported income below the poverty level. This variable is the most current
available indicator of poverty status for the jurisdictions in question.
To accommodate the needs of economically disadvantaged people whose
incomes are somewhat above the poverty level, such as those employed
part-time, or those in very low-paid jobs, persons with incomes up to 125%
of poverty are included in this variable. The poor and near-poor have the
greatest need for public recreation opportunities and services in
proximity to their homes. This variable is also related to that part of
the Act which stipulates that the Secretary of the Interior consider
�deficiencies in access to neighborhood recreation facilities,
particularly for . . . low- and moderate-income residents,� and the extent
to which park and recreation recovery efforts would provide employment
opportunities for low- and moderate-income residents. Rehabilitation of
parks is a relatively labor intensive activity having the potential for
providing short-term jobs with low-skill requirements. Persons with
poverty level incomes tend to lack skills and jobs. Therefore, this
variable was selected to favor jurisdictions having a large percentage of
its population in poverty. The poverty level of income is based on an
index developed by the Social Security Administration in 1964 and
subsequently modified by a Federal Interagency Committee. In 1969, the
poverty thresholds ranged from $1,487 for a female unrelated individual 65
years old and over living on a farm to $6,116 for a nonfarm family with a
male head and with seven or more persons. The average poverty threshold
for a nonfarm family of four headed by a male was $3,745.
Determination of Eligibility
The method used to combine the variables had four steps. First, all
values for each of the six variables were expressed in common or standard
units. Second, for each jurisdiction, the standardized values for the six
variables were added to produce a score. Third, the scores were ranked
from high values (most eligible) to low values (least eligible). Fourth
jurisdictions having scores above the median score for all jurisdictions
were designated �eligible.�
County Eligibility
The Administration stated before the Senate Subcommittee on Parks and
Recreation on June 27, 1978, that it would ensure fair consideration of
urban counties for eligibility under the Urban Park and Recreation
Recovery Program. The Administration has kept this commitment by
subjecting urban county data to the same eligibility standards as cities
and including urban counties which meet those standards on the eligibility
list. All urban counties with a population over 250,000 were considered
under the same criteria (indicators of distress and need) as the city
counterparts. Counties within and SMSA not on the eligibility list may
compete for assistance as discretionary applicants.
The history of the Administration's UPARR proposal clearly indicates
that this program is part of an overall national urban policy. Therefore,
in accordance with the legislative mandate, project selection criteria
will require that county projects be justified in terms of direct service
to identifiable urban neighborhoods (residential areas), and that there
must be evidence of cooperation between a county and its major city.
Discretionary Grants
Section 1005(b) of the Bill states that at the Secretary's discretion,
up to 15 percent of the program funds annually may be granted to local
governments which do not meet eligibility criteria, but are located in
Standard Metropolitan Statistical Areas, provided that these grants to
general purpose governments are in accord with the intent of the program.
These governments may apply for grants under the program regardless of
whether or not they are included on the list of eligible
jurisdictions.
[44 FR 58091, Oct. 9, 1979. Redesignated at 46 FR 34329, July 1, 1981,
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]
Appendix B to Part 72�List of Eligible Jurisdictions
top
The following are those jurisdictions eligible for the Urban Park and
Recreation Recovery Program:
Cities Eligible for the Urban Park and Recreation Recovery
Program
Akron, Ohio
Albany, Georgia
Albany, New York
Alexandria, Louisiana
Alhambra, California
Allentown, Pennsylvania
Altoona, Pennsylvania
Aguadilla, Puerto Rico
Anniston, Alabama
Arecibo, Puerto Rico
Asbury Park, New Jersey
Asheville, North Carolina
Athens, Georgia
Atlanta, Georgia
Atlantic City, New Jersey
Auburn, Maine
Augusta, Georgia
Babylon Township, New York
Baldwin Park, California
Baltimore, Maryland
Baton Rouge, Louisiana
Battle Creek, Michigan
Bayamon, Puerto Rico
Bay City, Michigan
Bayonne, New Jersey
Bellflower, California
Bellingham, Washington
Berkeley, California
Biloxi, Mississippi
Binghamton, New York
Birmingham, Alabama
Bloomfield, New Jersey
Bloomington, Indiana
Boston, Massachusetts
Bradenton, Florida
Bridgeport, Connecticut
Bridgeton, New Jersey
Bristol, Tennessee
Brockton, Massachusetts
Brookline Township, Massachusetts
Brownsville, Texas
Buffalo, New York
Caguas, Puerto Rico
Cambridge, Massachusetts
Camden, New Jersey
Canton, Ohio
Carolina, Puerto Rico
Carson, California
Cayey, Puerto Rico
Charleston, South Carolina
Charlottesville, Virginia
Chattanooga, Tennessee
Chester, Pennsylvania
Chicago, Illinois
Chicago Heights, Illinois
Chicopee, Massachusetts
Chula Vista, California
Cicero, Illinois
Cincinnati, Ohio
Clarksville, Tennessee
Cleveland, Ohio
Cocoa, Florida
Columbia, South Carolina
Columbus, Georgia
Columbus, Ohio
Compton, California
Corpus Christi, Texas
Covington, Kentucky
Danville, Illinois
Danville, Virginia
Dayton, Ohio
Daytona Beach, Florida
Denison, Texas
Denver, Colorado
Detroit, Michigan
District of Columbia
Dothan, Alabama
Duluth, Minnesota
Durham, North Carolina
East Chicago, Indiana
East Lansing, Michigan
East Orange, New Jersey
East Providence, Rhode Island
East St. Louis, Illinois
Easton, Pennsylvania
Edinburg, Texas
El Monte, California
El Paso, Texas
Elizabeth, New Jersey
Elmira, New York
Erie, Pennsylvania
Evanston, Illinois
Evansville, Indiana
Everett, Massachusetts
Everett, Washington
Fall River, Massachusetts
Fayetteville, North Carolina
Fitchburg, Massachusetts
Flint, Michigan
Florence, Alabama
Ft. Myers, Florida
Freeport, New York
Fresno, California
Gadsden, Alabama
Gainesville, Florida
Galveston, Texas
Gary, Indiana
Gastonia, North Carolina
Grand Rapids, Michigan
Granite City, Illinois
Greenville, Mississippi
Greenville, South Carolina
Guayama, Puerto Rico
Guaynabo, Puerto Rico
Gulfport, Mississippi
Hamilton, Ohio
Harlingen, Texas
Harrisburg, Pennsylvania
Hartford, Connecticut
Hattiesburg, Mississippi
Haverhill, Massachusetts
Hawthorne, California
Hazelton, Pennsylvania
Hemstead Township, New York
Hialeah, Florida
High Point, North Carolina
Hoboken, New Jersey
Holyoke, Massachusetts
Hopkinsville, Kentucky
Humacao, Puerto Rico
Huntington, West Virginia
Indianapolis, Indiana
Inglewood, California
Irvington, New Jersey
Jackson, Michigan
Jackson, Mississippi
Jackson, Tennessee
Jacksonville, Florida
Jersey City, New Jersey
Johnson City, Tennessee
Johnstown, Pennsylvania
Joplin, Missouri
Juana Diaz, Puerto Rico
Kalamazoo, Michigan
Kankakee, Illinois
Kansas City, Kansas
Kansas City, Missouri
Kenner, Louisiana
Kenosha, Wisconsin
Killeen, Texas
Knoxville, Tennessee
Kokomo, Indiana
La Crosse, Wisconsin
Lafayette, Louisiana
Lake Charles, Louisiana
Lakeland, Florida
Lakewood, Ohio
Lancaster, Pennsylvania
Lansing, Michigan
Laredo, Texas
Las Cruces, New Mexico
Lawrence, Massachusetts
Lawton, Oklahoma
Lewiston, Maine
Lima, Ohio
Lompoc, California
Long Beach, California
Long Branch, New Jersey
Los Angeles, California
Louisville, Kentucky
Lowell, Massachusetts
Lynchburg, Virginia
Lynn, Massachusetts
Lynwood, California
Macon, Georgia
Maiden, Massachusetts
Manchester, New Hampshire
Mansfield, Ohio
Marietta, Ohio
Marion, Indiana
Marshall, Texas
Mayaguez, Puerto Rico
McAllen, Texas
Medford, Massachusetts
Melbourne, Florida
Memphis, Tennessee
Meriden, Connecticut
Meridian, Mississippi
Miami, Florida
Miami Beach, Florida
Middletown, Ohio
Millville, New Jersey
Milwaukee, Wisconsin
Minneapolis, Minnesota
Mobile, Alabama
Modesto, California
Monroe, Louisiana
Montgomery, Alabama
Moss Point, Mississippi
Mount Vernon, New York
Muncie, Indiana
Muskegon, Michigan
Muskegon Heights, Michigan
Muskogee, Oklahoma
National City, California
New Bedford, Massachusetts
New Britain, Connecticut
New Brunswick, New Jersey
New Haven, Connecticut
New London, Connecticut
New Orleans, Louisiana
New Rochelle, New York
New York, New York
Newark, New Jersey
Newark, Ohio
Newport News, Virginia
Niagara Falls, New York
Norfolk, Virginia
North Bergen Township, New Jersey
North Chicago, Illinois
Norwalk, California
Norwich, Connecticut
Oak Park, Illinois
Oakland, California
Oceanside, California
Ogden, Utah
Omaha, Nebraska
Ontario, California
Orange, Texas
Orlando, Florida
Oshkosh, Wisconsin
Oxnard, California
Panama City, Florida
Parkersburg, West Virginia
Pasco, Washington
Passaic, New Jersey
Paterson, New Jersey
Pawtucket, Rhode Island
Pensacola, Florida
Perth Amboy, New Jersey
Petersburg, Virginia
Pharr, Texas
Philadelphia, Pennsylvania
Phoenix, Arizona
Pico Rivera, California
Pine Bluff, Arkansas
Pittsburgh, Pennsylvania
Pittsfield, Massachusetts
Plainfield, New Jersey
Pomona, California
Ponce, Puerto Rico
Pontiac, Michigan
Port Arthur, Texas
Portland, Maine
Portland, Oregon
Portsmouth, Virginia
Poughkeepsie, New York
Pritchard, Alabama
Providence, Rhode Island
Provo, Utah
Pueblo, Colorado
Quincy, Illinois
Quincy, Massachusetts
Rantoul, Illinois
Reading, Pennsylvania
Revere, Massachusetts
Richmond, California
Richmond, Indiana
Richmond, Virginia
Roanoke, Virginia
Rochester, New York
Rome, New York
Rosemead, California
Sacramento, California
Saginaw, Michigan
St. Joseph, Missouri
St. Louis, Missouri
St. Paul, Minnesota
St. Petersburg, Florida
Salem, Massachusetts
Salinas, California
San Antonio, Texas
San Benito, Texas
San Bernardino, California
San Diego, California
San Francisco, California
San Juan, Puerto Rico
Santa Ana, California
Santa Cruz, California
Santa Fe, New Mexico
Santa Maria, California
Santa Monica, California
Sarasota, Florida
Savannah, Georgia
Schenectady, New York
Scranton, Pennsylvania
Seaside, California
Seattle, Washington
Shreveport, Louisiana
Somerville, Massachusetts
South Gate, California
Spartanburg, South Carolina
Spokane, Washington
Springfield, Massachusetts
Springfield, Ohio
Springfield, Oregon
Steubenville, Ohio
Stockton, California
Suffolk, Virginia
Superior, Wisconsin
Syracuse, New York
Tacoma, Washington
Tampa, Florida
Taunton, Massachusetts
Terre Haute, Indiana
Texarkana, Arkansas
Texarkana, Texas
Titusville, Florida
Toa Baja, Puerto Rico
Toledo, Ohio
Trenton, New Jersey
Troy, New York
Trujillo Alto, Puerto Rico
Tucson, Arizona
Tuscaloosa, Alabama
Union City, New Jersey
Upper Darby Township, Pennsylvania
Urbana, Illinois
Utica, New Jersey
Vega Baja, Puerto Rico
Vineland, New Jersey
Waco, Texas
Waltham, Massachusetts
Warren, Ohio
Waterbury, Connecticut
West Haven, Connecticut
West New York, New Jersey
West Palm Beach, Florida
Wheeling, West Virginia
Wilkes-Barre, Pennsylvania
Williamsport, Pennsylvania
Wilmington, Delaware
Wilmington, North Carolina
Winston-Salem, North Carolina
Winter Haven, Florida
Woonsocket, Rhode Island
Worcester, Massachusetts
Wyandotte, Michigan
Yakima, Washington
Yauco, Puerto Rico
Yonkers, New York
York, Pennsylvania
Youngstown, Ohio
Counties Eligible for the Urban Park and Recreation Recovery
Program
Alameda Co., California
Allegheny Co., Pennsylvania
Bernalillo Co., New Mexico
Bexar Co., Texas
Bristol Co., Massachusetts
Camden Co., New Jersey
Charleston Co., South Carolina
Cook Co., Illinois
Cuyahoga Co., Ohio
Dade Co., Florida
El Paso Co., Texas
Erie Co., New York
Essex Co., Massachusetts
Essex Co., New Jersey
Franklin Co., Ohio
Fresno Co., California
Fulton Co., Georgia
Hamilton Co., Ohio
Hamilton Co., Tennessee
Hampden Co., Massachusetts
Hillsborough Co., Florida
Hudson Co., New Jersey
Jackson Co., Missouri
Jefferson Co., Alabama
Kern Co., California
Los Angeles Co., California
Lucas Co., Ohio
Luzerne Co., Pennsylvania
Mahoning Co., Ohio
Maricopa Co., Arizona
Middlesex Co., Massachusetts
Milwaukee Co., Wisconsin
Mobile Co., Alabama
Nassau Co., New York
Nueces Co., Texas
Oneida Co., New York
Onondaga Co., New York
Orange Co., Florida
Passaic Co., New Jersey
Pinellas Co., Florida
Plymouth Co., Massachusetts
Polk Co., Florida
Riverside Co., California
St. Clair Co., Illinois
San Bernardino Co., California
San Diego Co., California
San Joaquin Co., California
Shelby Co., Tennessee
Sonoma Co., California
Suffolk Co., New York
Wayne Co., Michigan
Worcester Co., Massachusetts
[44 FR 58091, Oct. 9, 1979. Redesignated at 46 FR 34329, July 1, 1981,
and correctly redesignated at 46 FR 43045, Aug. 26, 1981, and amended at
47 FR 15137, Apr. 8, 1982]
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