---
kind: "section"
citation: "16 U.S.C. § 8464"
title: "16"
title_heading: "Conservation"
number: "8464"
heading: "Outdoor Recreation Legacy Partnership Program"
release: "119-102"
url: "https://uscodex.org/usc/16/8464"
units:
  - "Chapter 103 — Expanding Public Lands Outdoor Recreation Experiences"
  - "Subchapter I — Outdoor Recreation and Infrastructure"
  - "Part E — Public–Private Parks Partnerships"
---

# §8464. Outdoor Recreation Legacy Partnership Program

- (a) **Definitions—** In this section:
  - (1) **Eligible entity—** The term “eligible entity” means an [entity](#a-3) or combination of [entities](#a-3) that represents or otherwise serves a [qualifying area](#a-6).
  - (2) **Eligible nonprofit organization—** The term “eligible nonprofit organization” means an organization that is described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) and is exempt from taxation under [section 501(a)](/usc/16/501.md) of such title.
  - (3) **Entity—** The term “entity” means—
    - (A) a [State](/usc/16/8401.md?p=9);
    - (B) a political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/8401.md?p=9), including—
      - (i) a city;
      - (ii) a county; or
      - (iii) a special purpose district that manages open space, including a [park](/usc/16/410r–5.md?p=c-3) district; and
    - (C) an [Indian Tribe](/usc/16/8401.md?p=4), urban Indian organization, or Alaska Native or Native Hawaiian community or organization.
  - (4) **Low-income community—** The term “low-income community” has the same meaning given that term in [26 U.S.C. 45D(e)(1)](/usc/26/45D.md?p=e-1).[^1]
  - (5) **Outdoor Recreation Legacy Partnership Program—** The term “Outdoor Recreation Legacy Partnership Program” means the [program](/usc/16/460ss–6.md?p=1) codified under [subsection (b)(1)](#b-1).
  - (6) **Qualifying area—** The term “qualifying area” means—
    - (A) an urbanized [area](/usc/16/539m–1.md?p=1-A) or urban cluster that has a population of 25,000 or more in the most recent census;
    - (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or
    - (C) an [area](/usc/16/539m–1.md?p=1-A) administered by an [Indian Tribe](/usc/16/8401.md?p=4) or an Alaska Native or Native Hawaiian community organization.
- (b) **Grants authorized—**
  - (1) **Codification of program—**
    - (A) **In general—** There is established an existing [program](/usc/16/460ss–6.md?p=1), to be known as the “[Outdoor Recreation Legacy Partnership Program](#a-5)”, under which the [Secretary](/usc/16/8401.md?p=7) may award grants to [eligible entities](#a-1) for [projects](/usc/16/410r–5.md?p=c-4)—
      - (i) to [acquire](/usc/16/620e.md?p=1) land and water for [parks](/usc/16/410r–5.md?p=c-3) and other outdoor recreation purposes in [qualifying areas](#a-6); and
      - (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in [qualifying areas](#a-6).
    - (B) **Priority—** In awarding grants to [eligible entities](#a-1) under [subparagraph (A)](#b-1-A), the [Secretary](/usc/16/8401.md?p=7) shall give priority to [projects](/usc/16/410r–5.md?p=c-4) that—
      - (i) create or significantly enhance access to [park](/usc/16/410r–5.md?p=c-3) and recreational opportunities in a [qualifying area](#a-6);
      - (ii) engage and empower [low-income communities](#a-4) and youth;
      - (iii) provide employment or job training opportunities for youth or [low-income communities](#a-4);
      - (iv) establish or expand public-private [partnerships](/usc/16/8202.md?p=7), with a focus on leveraging [resources](/usc/16/410hhh–1.md?p=8); and
      - (v) take advantage of coordination among various levels of government.
  - (2) **Matching requirement—**
    - (A) **In general—** As a condition of receiving a grant under [paragraph (1)](#b-1), an [eligible entity](#a-1) shall provide matching [funds](/usc/16/1421h.md?p=2) in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant.
    - (B) **Administrative expenses—** Not more than 7 percent of [funds](/usc/16/1421h.md?p=2) provided to an [eligible entity](#a-1) under a grant awarded under [paragraph (1)](#b-1) may be used for administrative expenses.
  - (3) **Considerations—** In awarding grants to [eligible entities](#a-1) under [paragraph (1)](#b-1), the [Secretary](/usc/16/8401.md?p=7) shall consider the extent to which a [project](/usc/16/410r–5.md?p=c-4) would—
    - (A) provide recreation opportunities in [low-income communities](#a-4) in which access to [parks](/usc/16/410r–5.md?p=c-3) is not adequate to meet local needs;
    - (B) provide opportunities for outdoor recreation and public land volunteerism;
    - (C) support innovative or cost-effective ways to enhance [parks](/usc/16/410r–5.md?p=c-3) and other recreation—
      - (i) opportunities; or
      - (ii) delivery of services;
    - (D) support [park](/usc/16/410r–5.md?p=c-3) and recreation programming provided by local governments, including cooperative agreements with community-based [eligible nonprofit organizations](#a-2);
    - (E) develop Native American event sites and cultural gathering spaces;
    - (F) provide benefits such as community [resilience](/usc/16/6456.md?p=2), reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife; and
    - (G) facilitate any combination of purposes listed in [subparagraphs (A) through (F)](#b-3-A..b-3-F).
  - (4) **Eligible uses—**
    - (A) **In general—** Subject to [subparagraph (B)](#b-4-B), an [eligible entity](#a-1) may use a grant awarded under [paragraph (1)](#b-1) for a [project](/usc/16/410r–5.md?p=c-4) described in subparagraph [(A)](#b-4-A) or [(B)](#b-4-B) of that paragraph.
    - (B) **Limitations on use—** An [eligible entity](#a-1) may not use grant [funds](/usc/16/1421h.md?p=2) for—
      - (i) incidental costs related to land [acquisition](/usc/16/620e.md?p=1), including appraisal and titling;
      - (ii) operation and maintenance activities;
      - (iii) facilities that support semiprofessional or professional athletics;
      - (iv) indoor facilities, such as recreation centers or facilities that support primarily nonoutdoor purposes; or
      - (v) [acquisition](/usc/16/620e.md?p=1) of land or interests in land that restrict public access.
    - (C) **Conversion to other than public outdoor recreation use—**
      - (i) **In general—** No property acquired or developed with assistance under this section shall, without the approval of the [Secretary](/usc/16/8401.md?p=7), be converted to other than public outdoor recreation use.
      - (ii) **Condition for approval—** The [Secretary](/usc/16/8401.md?p=7) shall approve a conversion only if the [Secretary](/usc/16/8401.md?p=7) finds it to be in accordance with the then-existing comprehensive Statewide outdoor recreation plan and only on such conditions as the [Secretary](/usc/16/8401.md?p=7) considers necessary to ensure the substitution of other recreation properties of at least equal [fair market value](/usc/16/459b–1.md?p=e) and of reasonably equivalent usefulness and location.
      - (iii) **Wetland areas and interests therein—** Wetland [areas](/usc/16/539m–1.md?p=1-A) and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same [State](/usc/16/8401.md?p=9) that is otherwise acceptable to the [Secretary](/usc/16/8401.md?p=7), acting through the Director of the [National Park](/usc/16/410hhh–1.md?p=5) Service, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion.
- (c) **Review and evaluation requirements—** In carrying out the [Outdoor Recreation Legacy Partnership Program](#a-5), the [Secretary](/usc/16/8401.md?p=7) shall—
  - (1) conduct an initial screening and technical review of applications received;
  - (2) evaluate and score all qualifying applications; and
  - (3) provide culturally and linguistically appropriate information to [eligible entities](#a-1) (including [low-income communities](#a-4) and [eligible entities](#a-1) serving [low-income communities](#a-4)) on—
    - (A) the opportunity to apply for grants under this section;
    - (B) the application procedures by which [eligible entities](#a-1) may apply for grants under this section; and
    - (C) eligible [uses](/usc/16/410hhh–1.md?p=10) for grants under this section.
- (d) **Reporting—**
  - (1) **Annual reports—** Not later than 30 days after the last day of each report period, each [State](/usc/16/8401.md?p=9)-lead agency that receives a grant under this section shall annually submit to the [Secretary](/usc/16/8401.md?p=7) performance and financial reports that—
    - (A) summarize [project](/usc/16/410r–5.md?p=c-4) activities conducted during the report period; and
    - (B) provide the status of the [project](/usc/16/410r–5.md?p=c-4).
  - (2) **Final reports—** Not later than 90 days after the earlier of the date of expiration of a [project](/usc/16/410r–5.md?p=c-4) period or the completion of a [project](/usc/16/410r–5.md?p=c-4), each [State](/usc/16/8401.md?p=9)-lead agency that receives a grant under this section shall submit to the [Secretary](/usc/16/8401.md?p=7) a final report containing such information as the [Secretary](/usc/16/8401.md?p=7) may require.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 118–234, title I, § 156, Jan. 4, 2025, 138 Stat. 2876.)

## Notes

### Editorial Notes

### References in Text

26 U.S.C. 45D(e)(1), referred to in subsec. (a)(4), was so in the original, but probably should have been a reference to section 45D(e)(1) of the Internal Revenue Code of 1986, which is classified to section 45D(e)(1) of Title 26, Internal Revenue Code.