[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR72.73]

[Page 396]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 72--URBAN PARK AND RECREATION RECOVERY ACT OF 1978--Table of Contents
 
         Subpart E--Post-Completion Compliance Responsibilities
 
Sec. 72.73  Residency requirements.

    (a) Background. UPARR policy prohibits discrimination on the basis 
of residence (refer to Sec. 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.