PART 72—URBAN PARK AND RECREATION RECOVERY ACT OF 1978 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 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. 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. 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. As used in this part: Applicant Jurisdiction: Appropriation: Assistance: Direct Expenditures or Direct Costs: Director: Discretionary Applicants: Federal Management Circular 74-4 (FMC 74-4): General Purpose Local Government: Grant: Grantee: NPS: Historic Property: In-kind Contributions: Innovation Grants: Insular Areas: Maintenance: OMB Circular A-95 (A-95): OMB Circular A-102 (A-102): Participant: Pass-through: Pass-through recipient: Private Non-profit Agency: Project: Project Costs: Property: Proposal: Recovery Action Program: Recreation Areas and Facilities: Rehabilitation Grants: Secretary: SMSA: Special Purpose Local Government: Sponsor: State: Statewide Comprehensive Outdoor Recreation Plan (SCORP): Subgrantee: UPARR: §§ 72.4-72.9 [Reserved] Subpart B—Local Recovery Action Programs 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. 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. 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. 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. (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. (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. (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. (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. (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. § 72.13 Action plan. 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. (b) Strategies to Address National and Local 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. (d) Program Priorities and Implementation Schedule. (e) Evaluation and Updating of Action Program. § 72.14 [Reserved] § 72.15 Preliminary Action Program. 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. The following information must be submitted: (a) Evidence of physical deficiencies. (b) Level of resource support. (c) Adoption of goals. (d) Statement of priorities and implementation strategies. (e) Evidence of public participation. § 72.17 Preliminary Action Program—commitments to be included. 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] Subpart C—Grants for Recovery Action Program Development, Rehabilitation and Innovation 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. 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] § 72.32 Funding and matching share. (a) Recovery Action Program Grant Matching. (b) Rehabilitation and Innovation grant matching. (c) Sources of Matching Share State Incentive. (2) Cash. (3) Non-Cash Material goods. (ii) Services. § 72.33 Timing and duration of projects. (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] § 72.36 Land ownership, control and conversion. 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. 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. (1) Application requirements. (2) Recommended pass-through recipient 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. §§ 72.38-72.39 [Reserved] § 72.40 Historic properties. 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. 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. (a) Expansion. (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. (1) Rehabilitation. (2) Innovation. § 72.43 Fundable elements: Recovery Action Program grants. 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. (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. (2) Conservation and energy. (3) Multiple site requests. (4) Support facilities. (5) Elements excluded from funding. § 72.45 Fundable elements: Innovation grants. (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. (2) Adaptive reuse. (3) Supplies. (4) Coordination. (5) Personnel. (6) Special populations. (b) Basic types of Innovation proposals. (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. (a) Recovery Action Program Grants. (b) Rehabilitation and Innovation grant. § 72.47 [Reserved] § 72.48 Federal coordination. 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] Subpart D—Grant Selection, Approval and Administration 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. (a) Recovery Action Program grant selection criteria. (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. (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. (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. 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. 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. (b) Submission of Applications. (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. 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, (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. 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] § 72.56 Grant program compliance requirements. (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] § 72.60 Grant administrative procedures. (a) Admininstrative Requirements for Recipients of UPARR Assistance. (b) Accounts, Audit, Inspection. (c) Additional conditions. (d) Remedies for Noncompliance. § 72.61 [Reserved] § 72.62 Amendments to approved grants. 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. 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] § 72.65 Other requirements. (a) Requirements for Operation and Maintenance. (b) Non-discrimination. (c) Sunset Reports. Subpart E—Post-Completion Compliance Responsibilities Source: 51 FR 34186, Sept. 25, 1986, unless otherwise noted. § 72.70 Applicability. 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. 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. § 72.72 Conversion requirements. (a) Background and legal requirements. (b) Prerequisites for conversion approval. (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. (d) Obsolete facilities. all § 72.73 Residency requirements. (a) Background. (b) Policy. (c) Fees. §§ 72.74-72.75 [Reserved] Appendix A to Part 72—Criteria for Eligibility 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 National Urban Recreation Study 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 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 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]