[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR72.36]

[Page 399]
 
              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 C_Grants for Recovery Action Program Development, Rehabilitation 
                             and Innovation
 
Sec.  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).