Section 5404 - Appropriation and allocation of moneys(a) Appropriation.--From the moneys received by the Commonwealth from the issuance and sale of bonds and notes pursuant to the act of July 2, 1984 (P.L. 512, No. 104) , known as the Pennsylvania Economic Revitalization Act, there are hereby appropriated as follows: (1) The sum of $19,780,000, or as much thereof as may be necessary, is appropriated from the Pennsylvania Economic Revitalization Fund to the Department of Environmental Resources for the period beginning July 1, 1984, and ending June 30, 1988, for site development and material costs for projects authorized and funded under the act of July 2, 1984 (P.L. 561, No. 112) , known as the Pennsylvania Conservation Corps Act. The Secretary of Environmental Resources shall have the power to promulgate such statements of policy, guidelines, rules and regulations as may be necessary to effectuate the programs undertaken, including contracting with persons, firms, partnerships, associations or corporations as may be necessary. The Department of Environmental Resources shall establish procedures for the application and distribution of funds pursuant to this section. Municipalities sponsoring projects authorized and funded under the Pennsylvania Conservation Corps Act shall be eligible to receive funding under this paragraph only for those projects having recreation purposes and then no more than 75% of the cost of development and materials for those projects. All other projects sponsored by municipalities shall be ineligible for funding under this paragraph.(2) The sum of $24,000,000, or as much thereof as may be necessary, is appropriated from the Pennsylvania Economic Revitalization Fund to the Department of Community Affairs for the period beginning July 1, 1984, and ending June 30, 1988, for State grants-in-aid to municipalities and, in the case of cities of the first class, park commissions, for land acquisition, rehabilitation, studies and development projects for recreation and conservation purposes, community centers and open space benefits as specified in section 3 . The appropriated funds shall be expended by the Department of Community Affairs so that $18,000,000 is expended in equal sums over a three-year period from July 1, 1984, to June 30, 1987, and the remaining $6,000,000 is expended in the fiscal year July 1, 1987, to June 30, 1988.(a.1) Allocations.--Funding shall be allocated to projects in accordance with the following:(1) Not less than 50% of the total allocation shall be used to pay up to 50% for rehabilitation and development projects.(2) Not more than 20% of the total allocation shall be used to pay up to 50% of the project costs for acquisition of recreation, park and open space benefit lands.(3) Not more than 10% of the total allocation shall be used to pay for plans, studies and technical assistance grants as authorized by section 3(7).(4) Not more than 15% of the total allocation shall be used for a small community or small projects component. This component shall be for the above purposes and those under section 3. This component shall be for grants-in-aid for projects of up to $15,000 in amount, shall be up to 100% grants-in-aid and will cover only material costs to assist those municipalities with a population of 4,000 or less residents.(5) No municipality, other than a city of the first class, shall be eligible to receive more than 5% of the annual program appropriation. No city of the first class, including park commissions within such cities, shall be eligible to receive more than 10% of the annual program appropriations.(6) Not more than 5% of the total allocation shall be used by the department for personnel, equipment and operating costs to administer the Recreational Improvement and Rehabilitation Program and to provide support assistance to municipalities for both grant-related and other recreation and conservation-related services. After June 30, 1988, the department may continue to use unspent funds from previous allocations pursuant to this section to administer the closeout of the grant projects and to continue a program of support assistance.(b) State grants-in-aid.--Grants-in-aid shall be made in accordance with the following procedures:(1) A request for State grants-in-aid shall be made by the governing body of a municipality to the Department of Community Affairs.(2) The development and rehabilitation projects shall be submitted to the Department of Community Affairs by the municipalities in an application which contains information as may be required by the Department of Community Affairs. Upon approval of the project application, the municipality shall execute the project according to standards and provisions required or set by State laws and in accordance with the contracts, bidding procedures and manner established, approved or accepted by the Department of Community Affairs or other designated agencies of the Commonwealth and in accordance with the construction, site and financial plans and specifications required, reviewed and approved by the Department of Community Affairs or other agencies of the Commonwealth or private consulting firm retained for the purpose of project review.(3) The land acquisition projects shall be submitted to the Department of Community Affairs by the municipality in an application which contains maps, appraisals and other information as may be required by the Department of Community Affairs. The lands may be acquired by purchase agreement or by eminent domain. The municipality shall have the power to acquire rights in real property, which include, but are not limited to, fee simple, easements, remainder, future interest, lease, license, restriction or covenant of any sort, contractual interest or rights concerning the use of or power to transfer property, in order to protect and preserve open space benefits.(4) The Commonwealth's share of the cost of the development, land acquisition and technical assistance projects shall be paid by the State Treasurer on audit and warrant of the Auditor General on the requisition of the Secretary of the Department of Community Affairs. The Department of Community Affairs shall be empowered to promulgate rules and regulations, undertake studies and employ personnel and consultants and provide grants to political subdivisions to undertake studies as necessary in order to properly administer this act and to determine the recreation and park needs of municipalities and the advisability of granting State aid.(c) Criteria for awarding grants.--The Department of Community Affairs shall establish criteria for the awarding of grants-in-aid. Such criteria shall include but shall not be limited to:(1) Population benefiting from the proposed project.(2) Number, size and condition of existing park and recreation facilities.(3) Deficiencies in recreation opportunities at the neighborhood level, particularly for minority, lower income and special population groups.(4) The extent to which a project supports or complements community conservation efforts.(5) Commitments of other local public or private or Federal resources.(d) Use of property.--Municipalities shall not dispose of nor at any time convert property acquired pursuant to this act to other than the purposes approved in the project applications without the prior written approval of the program administrator within the Department of Community Affairs. Should disposition or conversion occur, the Department of Community Affairs may: (1) Require the municipality to refund all grant-in-aid funds for that particular project including 10% annual interest compounded four times annually from the date the original grant-in-aid was received until it is repaid.(2) Require acquisition of equivalent replacement land, as determined by the department.(e) Project funding.-- The Department of Community Affairs shall ensure that grants made to municipalities under this act and the act of July 2, 1984 (P.L. 561, No. 112), known as the Pennsylvania Conservation Corps Act, are not duplicated and that funds are being used in an effective and efficient manner to successfully complete a project.1984, July 2, P.L. 527, No. 106, § 4, imd. effective. Amended 1986, July 9, P.L. 1213, No. 107, § 1, imd. effective; 1987, July 13, P.L. 300, No. 55, § 2, imd. effective; 1990, June 30, P.L. 272, No. 66, § 2, imd. effective.