Revitalizing Cities Through Parks Enhancement Act

I 116TH CONGRESS 1ST SESSION H. R. 4197 To authorize the Secretary of Housing and Urban Development to make grants to nonprofit community organizations for the development of open space on municipally owned vacant lots in urban areas. IN THE HOUSE OF REPRESENTATIVES AUGUST 20, 2019 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Secretary of Housing and Urban Develop- ment to make grants to nonprofit community organiza- tions for the development of open space on municipally owned vacant lots in urban areas. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Revitalizing Cities 4 Through Parks Enhancement Act’’. 5 SEC. 2. CONGRESSIONAL FINDINGS. 6 The Congress finds that— 7 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 2 •HR 4197 IH (1) open spaces and community parks are a 1 critically important portion of urban infrastructure; 2 (2) many inner-city areas suffer from a lack of 3 public open space for community residents to use for 4 recreation, social interaction, and relief from dense 5 urban conditions; 6 (3) vacant lots, many in public ownership as a 7 result of tax foreclosures, are common in inner-city 8 areas; 9 (4) the recent economic recession substantially 10 increased the number of such vacant lots; 11 (5) such lots often become drug trafficking 12 areas, thereby decreasing the value of surrounding 13 property and leading to higher crime rates in inner- 14 city areas; and 15 (6) the refurbishment of such lots, by removing 16 garbage and rubble and creating well-lighted and 17 maintained open spaces and community parks, 18 would establish positive assets for surrounding com- 19 munities, provide positive outlets for community 20 youth, increase property values, make other types of 21 investment in the communities more attractive, and 22 generally improve the quality of life for residents of 23 the affected communities. 24 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 3 •HR 4197 IH SEC. 3. AUTHORITY TO MAKE GRANTS. 1 (a) IN GENERAL.—The Secretary of Housing and 2 Urban Development shall, to the extent amounts are pro- 3 vided in appropriation Acts pursuant to section 13, make 4 grants under this Act to qualified community organiza- 5 tions for establishment of community open space in urban 6 areas. 7 (b) AMOUNT.—The aggregate amount of any grants 8 made under this Act to any single qualified community 9 organization in any single fiscal year may not exceed 10 $250,000. 11 SEC. 4. QUALIFIED COMMUNITY ORGANIZATIONS. 12 A grant under this Act may be made only to a non- 13 profit organization that— 14 (1) has among its purposes significant activities 15 related to the improvement of the neighborhood, 16 community, or city in which any property that is to 17 be assisted with the grant under this Act is located; 18 (2) has a history of serving such neighborhood, 19 community, or city; 20 (3) maintains, through significant representa- 21 tion on the organization’s governing board and oth- 22 erwise, accountability to residents of such neighbor- 23 hood, community, or city; and 24 (4) complies with such standards of financial 25 accountability as the Secretary may require. 26 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 4 •HR 4197 IH SEC. 5. USE OF GRANT AMOUNTS. 1 (a) ELIGIBLE ACTIVITIES.—Amounts from a grant 2 made under this Act may be used by the recipient of the 3 grant only for costs relating to the establishment of com- 4 munity open space, as follows: 5 (1) To develop eligible municipal real property 6 for use as community open space, which shall in- 7 clude design, clearance, demolition, removal, beau- 8 tification, site improvements, and construction or in- 9 stallation of facilities and improvements for such 10 property. 11 (2) To lease or otherwise obtain the use of eligi- 12 ble municipal real property for establishment of 13 community open space. 14 (3) To maintain community open space. 15 (4) To cover other administrative costs related 16 to the establishment, development, maintenance, ad- 17 ministration, insurance, or management of the com- 18 munity open space, except that not more than 10 19 percent of any single grant made under this Act may 20 be used for costs under this paragraph. 21 (b) DEVELOPMENT PLAN REQUIREMENT.—Amounts 22 from a grant made under this Act may be used by the 23 recipient of a grant only to carry out activities under sub- 24 section (a) that are described in the development plan of 25 the recipient approved by the Secretary under section 7 26 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 5 •HR 4197 IH or that are described in an amendment to the development 1 plan approved by the Secretary under section 9. 2 (c) COMMUNITY INVOLVEMENT REQUIREMENTS.—A 3 qualified community organization that applies for a grant 4 under this Act shall provide for involvement by interested 5 residents and organizations of the neighborhood, commu- 6 nity, or city in which the property to be assisted under 7 the plan is located in— 8 (1) establishing the development plan under 9 section 7(b), which shall include— 10 (A) making the proposed development plan 11 available in a manner that, in the determination 12 of the Secretary, provides interested parties a 13 reasonable opportunity to examine its content 14 and to submit comments on the proposed plan; 15 and 16 (B) holding one or more public hearings to 17 obtain the views of interested parties regarding 18 the proposed plan; and 19 (2) carrying out activities under the develop- 20 ment plan, if the qualified community organization 21 is a recipient. 22 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 6 •HR 4197 IH SEC. 6. ELIGIBLE MUNICIPAL REAL PROPERTY. 1 Amounts from a grant under this Act may be used 2 for costs under section 5(a) relating to the establishment 3 of community open space only on real property that— 4 (1) is owned in fee simple by the unit of general 5 local government in which the property is located; 6 (2) is located in an urban area; 7 (3) is free of structures, other than toilet or 8 maintenance facilities for the community open space; 9 and 10 (4) is subject to a binding commitment, entered 11 into by the unit of general local government that 12 owns the property and the eligible community orga- 13 nization receiving the grant, that makes the property 14 available for use and improvement under this Act as 15 community open space for a period of not less than 16 7 years. 17 SEC. 7. APPLICATION AND DEVELOPMENT PLAN. 18 (a) IN GENERAL.—The Secretary shall provide for 19 nonprofit organizations to submit applications to the Sec- 20 retary for grants under this Act in such form and manner 21 as the Secretary may require to carry out the purposes 22 of this Act. 23 (b) DEVELOPMENT PLAN.—The Secretary shall re- 24 quire each application to include a detailed plan for the 25 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 7 •HR 4197 IH use of any amounts received from a grant under this Act, 1 which shall include— 2 (1) a description of any eligible municipal prop- 3 erty that is to be established as community open 4 space using such grant amounts; 5 (2) evidence of the ownership of the eligible mu- 6 nicipal property and the binding commitment re- 7 quired under section 6(4) for the property; 8 (3) a description of the nonprofit organization 9 applying for the grant that is sufficient to allow the 10 Secretary to determine whether such organization is 11 a qualified community organization; 12 (4) a description of the activities under section 13 5(a) to be conducted with amounts from the grant; 14 (5) evidence of any commitments to make as- 15 sistance (other than assistance under this Act) avail- 16 able for use in developing or maintaining the com- 17 munity open space; 18 (6) a description of the need for community 19 open space in the neighborhood or community in 20 which the eligible municipal property is located; 21 (7) a description of how the nonprofit organiza- 22 tion will provide for the maintenance of the commu- 23 nity open space; 24 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 8 •HR 4197 IH (8) a description of the community participation 1 involved (pursuant to section 5(c)) in establishing 2 the plan, and the provisions made (pursuant to such 3 section) for community participation in developing, 4 maintaining, administering, and managing the com- 5 munity open space; 6 (9) a budget specifying all of the estimated 7 costs relating to the project to establish and main- 8 tain the community open space; and 9 (10) any other information the Secretary con- 10 siders appropriate to carry out this Act. 11 SEC. 8. SELECTION AND GRANT AGREEMENTS. 12 (a) SELECTION.—From among the applications sub- 13 mitted under section 7, the Secretary shall select qualified 14 community organizations to receive grants under this Act 15 pursuant to a competitive selection process. The Secretary 16 shall review all applications received and may select only 17 applications containing development plans that the Sec- 18 retary approves as feasible and cost-effective pursuant to 19 the competitive selection process. 20 (b) SELECTION CRITERIA.—The competitive selection 21 process referred to in subsection (a) shall be based upon 22 selection criteria, which shall include— 23 (1) the extent of community involvement in the 24 establishment, development, maintenance, adminis- 25 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 9 •HR 4197 IH tration, or management of the community open 1 space; 2 (2) the extent of need for community open 3 space in the neighborhood or community in which 4 the eligible municipal property is located; 5 (3) the extent to which the development plan 6 for the community open space limits administrative 7 and management costs relating to the community 8 open space; and 9 (4) the extent to which commitments have been 10 made providing assistance (other than assistance 11 under this Act) for use in establishing, developing, 12 maintaining, administering, or managing the com- 13 munity open space. 14 (c) GRANT AGREEMENTS.—The Secretary shall enter 15 into agreements with each qualified community organiza- 16 tion selected to receive a grant under this section as the 17 Secretary considers necessary to ensure that amounts pro- 18 vided under the grant are used in accordance with the re- 19 quirements of this Act to carry out the development plan 20 approved under section 7 and any amendments to such 21 plan approved under section 9. 22 SEC. 9. AMENDMENTS TO DEVELOPMENT PLANS. 23 The Secretary shall provide for recipients to submit 24 amendments to development plans to the Secretary and 25 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 10 •HR 4197 IH for the Secretary to review, and approve or disapprove, 1 such amendments. 2 SEC. 10. REPORTS. 3 (a) RECIPIENTS.—The Secretary may require each 4 recipient to submit to the Secretary such reports as the 5 Secretary considers appropriate to determine whether the 6 recipient is carrying out the development plan for any 7 community open space for which the grant was made and 8 is complying with the provisions of this Act and any agree- 9 ments entered into under section 8(c). 10 (b) SECRETARY.—The Secretary shall submit a re- 11 port to the Congress not less than annually describing the 12 grants made under this Act, the recipients of the grants, 13 and the community open space provided with such grant 14 amounts. 15 SEC. 11. DEFINITIONS. 16 For purposes of this Act, the following definitions 17 shall apply: 18 (1) COMMUNITY OPEN SPACE.—The term 19 ‘‘community open space’’ means a parcel of real 20 property that is used for open space, park, play- 21 ground, garden, or other recreational or other simi- 22 lar purposes and is generally open to and available 23 for use by the public. 24 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 11 •HR 4197 IH (2) NONPROFIT ORGANIZATION.—The term 1 ‘‘nonprofit organization’’ means a private organiza- 2 tion that— 3 (A) is organized under State or local laws; 4 and 5 (B) has no part of its net earnings inuring 6 to the benefit of any member, shareholder, 7 founder, contributor, or individual. 8 (3) QUALIFIED COMMUNITY ORGANIZATION.— 9 The term ‘‘qualified community organization’’ means 10 a nonprofit organization that complies with the re- 11 quirements under section 4 to be eligible to receive 12 a grant under this Act. 13 (4) RECIPIENT.—The term ‘‘recipient’’ means a 14 qualified community organization that receives a 15 grant under this Act. 16 (5) URBAN AREA.—The term ‘‘urban area’’ 17 means— 18 (A) a city within a standard metropolitan 19 statistical area (as established by the Office of 20 Management and Budget) which is the central 21 city of such area (as defined and used by such 22 Office); or 23 VerDate Sep 11 2014 21:44 Aug 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4197.IH H4197 kjohnson on DSK79L0C42 with BILLS 12 •HR 4197 IH (B) a city within such a standard metro- 1 politan statistical area which has a population 2 of 50,000 or more. 3 (6) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Housing and Urban Development. 5 (7) UNIT OF GENERAL LOCAL GOVERNMENT.— 6 The term ‘‘unit of general local government’’ means 7 any city, town, township, county, parish, village, or 8 other general purpose political subdivision of a 9 State. 10 (8) STATE.—The term ‘‘State’’ means the 11 States of the United States, the District of Colum- 12 bia, the Commonwealth of Puerto Rico, the Com- 13 monwealth of the Northern Mariana Islands, Guam, 14 the Virgin Islands, American Samo [Text truncated for display. 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