Sec. 406. Outdoor Recreation Legacy Partnership Program
886 words·~4 min read·
/bill/118/s/873/rs/section-406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible entity means an entity that represents or otherwise serves a qualifying area. The term eligible nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. The term entity means— a State; a political subdivision of a State, including— a city; a county; and a special purpose district that manages open space, including a park district; and an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization.
The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and an amount equal to 200 percent of the Federal poverty line. The term Outdoor Recreation Legacy Partnership Program means the program established under subsection (b)(1).
The term qualifying area means— an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. The term State means each of the several States, the District of Columbia, and each territory of the United States. The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas.
In awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; engage and empower underserved communities and youth; provide employment or job training opportunities for youth or underserved communities; establish or expand public-private partnerships, with a focus on leveraging resources; and take advantage of coordination among various levels of government.
As a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. The Secretary may waive all or part of the matching requirement under subparagraph
(A)if the Secretary determines that— no reasonable means are available through which the eligible entity can meet the matching requirement; and the probable benefit of the project outweighs the public interest in the matching requirement. Not more than 10 percent of funds provided to an eligible entity under a grant awarded under paragraph
(1)may be used for administrative expenses. In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; provide opportunities for outdoor recreation and public land volunteerism; support innovative or cost-effective ways to enhance parks and other recreation— opportunities; or delivery of services; support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; develop Native American event sites and cultural gathering spaces; and provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. Subject to subparagraph (B), a grant recipient may use a grant awarded under paragraph
(1)for a project described in subparagraph
(A)or
(B)of that paragraph. A grant recipient may not use grant funds for— incidental costs related to land acquisition, including appraisal and titling; operation and maintenance activities; facilities that support semiprofessional or professional athletics; indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or acquisition of land or interests in land that restrict access to specific persons. In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— conduct an initial screening and technical review of applications received; evaluate and score all qualifying applications; and provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— the opportunity to apply for grants under this section; the application procedures by which eligible entities may apply for grants under this section; and eligible uses for grants under this section. Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— summarize project activities conducted during the report period; and provide the status of the project. Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require.