HomeMy WebLinkAboutLWCF_State_Manual_15Manual 15 LWCF Land and Water Conservation Fund
Manual 15
Land and Water
Conservation Fund
March 2010 D
Table of Contents
Section 1 Introduction ................................................................................................. 1
Background ............................................................................................................................................................ 1
Program Administration ............................................................................................................................... 1
Statewide Outdoor Recreation Planning (SCORP) Process ............................................................. 2
Advisory Committee ...................................................................................................................................... 2
Where to Get Information ........................................................................................................................... 2
Other Details You Need to Know .................................................................................................................. 3
Nondiscrimination .......................................................................................................................................... 3
Grants are Distributed as Reimbursement ............................................................................................ 3
Grant Process ........................................................................................................................................................ 3
Ongoing ............................................................................................................................................................. 5
Section 2 Policies .......................................................................................................... 6
Policy Direction ..................................................................................................................................................... 6
Eligible Grant Recipients ................................................................................................................................... 6
First-Time Applicants ..................................................................................................................................... 7
Planning Requirement .................................................................................................................................. 7
Grant Limits ............................................................................................................................................................ 8
Matching Resources ........................................................................................................................................... 8
Eligible Projects .................................................................................................................................................... 9
Acquisition Projects..................................................................................................................................... 11
Development and Renovation Projects ............................................................................................... 13
Permits and Forms ........................................................................................................................................... 16
Section 3 Open Project Selection Process .............................................................. 21
Grant Evaluation ................................................................................................................................................ 21
Section 4 Post-Completion Requirements ............................................................. 33
Appendix A Other Federal Acts and Laws .............................................................. 39
Appendix B Suggested Review Agencies to Consult When Preparing an
Environmental Assessment ....................................................................................... 43Ç
Section 1: Introduction
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Section 1
Introduction
In this section, you’ll learn about:
9 The LWCF program
9 Where to get more information
9 The grant process and timeline
Background
In 1965, Congress passed the Land and Water Conservation Fund (LWCF) Act, which
authorized the Secretary of the Interior to provide financial assistance to the states for the
acquisition and development of public outdoor recreation areas and facilities.
Obtaining and managing an LWCF grant requires the highest level of preparation from the
applicant and the highest level of due diligence from a successful sponsor. No matter the
amount of money or relative share of LWCF funds in a given project, LWCF rules apply to the
entire funded project, forever.
Revenue Source
The money for the program comes from leases of federal offshore oil and gas resources,
federal recreation fees, sales of federal surplus real property, and federal motorboat fuel
taxes.
Program Administration
The National Park Service, within the U.S. Department of the Interior, manages this federal
grant program. The Park Service ultimately receives and approves all project applications,
agreements, and amendments.
In Washington State, the Recreation and Conservation Funding Board administers the LWCF
program. The board is a governor-appointed board composed of five citizens and the
Section 1: Introduction
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directors (or designees) of three state agencies – Department of Fish and Wildlife,
Department of Natural Resources, and Washington State Parks and Recreation Commission.
The Recreation and Conservation Office (RCO) supports the board. RCO is a small state
agency that manages multiple grant programs to create outdoor recreation opportunities,
protect the best of the state's wildlife habitat and farmland, and help return salmon from
near extinction.
The board created this manual under authority given to it in the “Land and Water
Conservation Fund Grants-in-Aid Manual” (U.S. Department of Interior, National Park
Service) and Washington Administrative Code, Title 286.
Statewide Outdoor Recreation Planning (SCORP) Process
To be eligible for grants, projects must be in accord with Washington’s statewide
comprehensive outdoor recreation plan, which the Recreation and Conservation Funding
Board has produced since 1967. The board uses the plan to establish funding priorities. To
see a copy of plan, visit the RCO Web site at
www.rco.wa.gov/documents/rec_trends/SCORP_2008.pdf
Advisory Committee
The Recreation and Conservation Funding Board uses a standing advisory committee made
up of representatives from state and local agencies, citizens, and an ex-officio representative
from the National Park Service, to score grant applications and recommend LWCF policies.
Advisory committee members have knowledge of outdoor recreation, open space, or habitat
conservation.
Where to Get Information
Recreation and Conservation Office:
Natural Resources Building
Telephone: (360) 902-3000
1111 Washington Street
Fax: (360) 902-3026
Olympia, WA 98501
TTY: (360) 902-1996
E-mail: info@rco.wa.gov
Web site: www.rco.wa.gov
Mailing Address
PO Box 40917
Olympia, WA 98504-0917
Department of the Interior National Park Service:
Seattle Support Office
Telephone: (206) 220-4000
909 First Avenue
Fax: (206) 220-4161
Seattle, WA 98104-1060
Web site: www.nps.gov/lwcf
Section 1: Introduction
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Other Grant Publications You Will Need
Depending on the type of project submitted, grant participants should be familiar with the
Recreation and Conservation Funding Board manuals listed below. The manuals are available
on the RCO Web site and each can be made available in an alternative format.
Manual 2 Planning Policies
Manual 3 Acquiring Land: Policies
Manual 4 Development Projects: Policies
Manual 7 Funded Projects: Policies and the Project Agreement
Manual 8 Reimbursement Manual
Another publication that might be helpful is the federal LWCF manual available on the
National Park Service’s Web site at www.nps.gov/lwcf/manual/lwcf.pdf.
Other Details You Need to Know
Nondiscrimination
RCO activities are intended to follow state and federal guidelines for nondiscrimination. If
you believe RCO or its programs are discriminatory, express concern to the Recreation and
Conservation Funding Board, or the Equal Opportunity Program, U.S. Department of the
Interior, National Park Service, 1849 C Street N.W., Room 2733, Washington, D.C. 20040.
Grants are Distributed as Reimbursement
RCO does not provide the grant funds upfront. Grant recipients must pay for project
expenses first, and then submit a request to RCO for reimbursement. RCO will not pay more
than the grant recipient’s “out-of-pocket” costs. Billing procedures are explained further in
Manual 8.
Grant Process
The Recreation and Conservation Funding Board generally awards LWCF grants annually. An
outline of the grant process is below. For precise dates, visit the RCO Web site.
Workshops. RCO conducts workshops in the winter or early spring to provide information
about the grant programs currently offered.
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Online Pre-Application (via PRISM). Grant applicants are asked to begin an application
using RCO’s online PRISM system by briefly describing the project, estimating costs, and
telling RCO where to send the latest grant information. RCO uses this early application to
assess whether or not the proposal is eligible in this program and whether the grant
applicant has met RCO eligibility requirements.
Applications due. Applications generally are due in the spring, typically the first week of
May. Applicants fill out applications online through RCO’s PRISM program on its Web site.
Applications received after the deadline are not eligible unless RCO’s director has approved
a late submission. Each application is assigned to an RCO outdoor grants manager, who will
review the application for eligibility and other issues and generally help the applicant with
the upcoming evaluation process.
Please contact RCO staff if you are not sure that you have met the planning requirement to
be eligible for a grant.
Project Evaluation (mandatory). Applicants make an oral presentation, illustrated with
maps, graphics, and photographs in PowerPoint
®,
to an evaluation committee, which scores
each proposal against a set of criteria approved by the Recreation and Conservation Funding
Board. Staff tabulate the scores, creating a ranked list of projects for funding
recommendations to the board.
Matching Funds Availability. For projects submitted for funding consideration by the
board, agencies must provide proof of the availability of matching funds at least one
calendar month before the board approval of funding.
1
Board Approves Project List. In an open public meeting, the Recreation and Conservation
Funding Board considers the recommendations of the evaluation teams, written public
comments submitted before the meeting, and public testimony at the meeting. Applicants
also are encouraged, but not required to attend. The board then approves the list of projects
and submits them to the National Park Service for approval and funding.
Post Approval Process. Successful applicants submit to RCO all required documents no
more than 90 days after funding approval. These may include:
• Control and tenure documentation (deeds, easements, leases).
• Copy of issued Army Corps of Engineers permit, if required.
• Section 6(f)(3) boundary map (signed and dated). See page 19.
• Proposal Description Environmental Screening Form. See page 16.
1
Washington Administrative Code 286-13-040(3)
Section 1: Introduction
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• Project milestones.
• Federal assurances (SF 424B or D).
After the Recreation and Conservation Funding Board has approved the list of projects and
RCO has received federal approval of funding, RCO staff prepares the application for
submittal to the National Park Service for review. On approval by the park service, the RCO
director issues a contract, called a project agreement. Once the contract is received, work
can begin.
Contract Period. RCO will pay only for work performed after the project agreement has
been signed by both RCO and the project sponsor with one exception. Expenses, such as
preliminary designs, environmental assessments, construction plans and specifications, and
permits, which are incurred within three years of the application being submitted to the
National Park Service, and for real property acquired under a waiver of retroactivity
approved by Park Service, may be eligible for reimbursement. Construction performed
before the execution of a project agreement and compliance with federal law (Section 106)
will not be eligible for payment and may jeopardize funding for the entire project.
Successful Applicants’ Workshop. After the board approves funding, RCO hosts a
workshop for successful grant applicants. This workshop covers basic responsibilities, billing
procedures, and the terms of the grant contract.
Ongoing
Project Implementation. Grant recipients must complete projects promptly. To help ensure
reasonable and timely project completion, accountability, and the proper use of funds,
applicants will:
• Submit only projects that will be completed within four years of the grant award.
• Develop milestones and a timeline for project implementation that does not exceed
four years.
• Begin project implementation quickly and aggressively to show measurable progress
towards meeting project milestones.
RCO may terminate projects that do not meet critical milestones established in the project
agreement.
Project Completion. When a project is completed, sponsors have 90 days to submit the
final bill and documents. If the bill and documentation are not submitted within six months
of the end date within the agreement, the Recreation and Conservation Funding Board may
terminate the project without payment.
Section 2: Policies
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Section 2
Policies
In this section, you’ll learn about:
9 Who may apply
9 Match requirements
9 Eligible projects and costs
9 Permit and other document requirements
Policy Direction
LWCF has two, integrated sets of policies. The first are the policies of the Department of
Interior National Park Service, as described in the LWCF manual. The second are the policies
of the Recreation and Conservation Funding Board, which focus on project selection,
contract management, and enforcement of federal requirements. If the policies conflict or
are unclear, federal policy will supersede board policy.
Eligible Grant Recipients
• Cities and towns
• Counties
• Native American tribes
• Park and recreation districts
• School districts
• State agencies
• Certain other special purpose districts such as port and public utility districts are
eligible if legally authorized to acquire and develop public open space, habitat, or
recreation facilities.
Section 2: Policies
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Other Considerations
First-Time Applicants
The Recreation and Conservation Funding Board requires all organizations wishing to apply
for grants for the first time to submit a legal opinion that the applicant is eligible to:
• Receive and expend public funds including funds from the Recreation and
Conservation Funding Board;
• Contract with the State of Washington and/or the United States of America;
Meet any statutory definitions required for Recreation and Conservation Funding
Board grant programs;
• Acquire and manage interests in real property for conservation or outdoor recreation
purposes;
• Develop and/or provide stewardship for structures or facilities eligible under board
rules or policies;
• Undertake planning activities incidental thereto; and
• Commit the applicant to statements made in any grant proposal.
Note that the legal opinion is required only once to establish eligibility.
Not Eligible
Private individuals and organizations are not eligible for assistance under this program, even
if they are non-profit or charitable organizations.
Any grantee, subgrantee, or contractor of any grantee or subgrantee that has been debarred
or suspended under Executive Order 12549.
Past Performance
Applicants will be evaluated in part on their past performances, if applicable, in managing
LWCF grants.
Planning Requirement
Each applicant must submit a plan that includes several elements, including goals and
objectives, inventory, demand and need analysis, and a public involvement process. The plan
must be accepted by RCO at least three months before the meeting in which the applicant’s
project is first considered for funding. Typically, once accepted, the plan provides eligibility r
Section 2: Policies
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to submit grant applications for up to six years from the date of adoption. See Manual 2 for
more information.
2
Grant Limits
• Minimum grant request = $25,000 for each application
• Maximum grant request = $500,000 for each application
Matching Resources
Recipients of LWCF grants must provide a minimum 50 percent match toward the project. All
matching resources must be an integral and necessary part of the project and must be
eligible for LWCF assistance.
3
Allowable matching resources may include, but are not limited to, the following:
• Appropriations or cash
• Bonds
• Donations of cash, land, labor, equipment, and materials
• Staff
4
labor, equipment, and materials
• State, local, and private grants, and allowable matching grants. Another Recreation
and Conservation Funding Board grant can be used if:
The grants are not from the same Recreation and Conservation Funding Board
grant program.
Only elements eligible in both grant programs are counted as the match.
Each grant is evaluated independently and on its own merits, as if the match were
coming from elsewhere.
LWCF funds will not exceed 50 percent of a project’s total cost.
2
Washington Administrative Code 286-13-040(2)
3
Washington Administrative Code 286-40-030
4
Also called “force account,” this means the applicant organization’s employees as opposed to a contractor’s
staff, volunteers, or others. l
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• For all grant recipients, except state agencies and Native American tribes, at least
10 percent of the total project cost must be from a non-state, non-federal
contribution.
Not Allowed
• Existing sponsor assets such as real property or developments.
• Construction costs incurred before execution of a project agreement.
• Other federal funds, unless allowed by law or unless the statutory provisions of the
other federal grant programs explicitly allow recipients to use the grants to match
LWCF funds (see Chapter 5.A.5 of the federal LWCF manual).
• Costs that are double counted. A cost incurred by a sponsor in a project that has
been reimbursed or matched by the Recreation and Conservation Funding Board or
Salmon Recovery Funding Board in any grant shall not be used as a donation on
another board project.
Certification of Matching Resources
Applicants must provide written assurance that matching resources are available at least one
calendar month before the meeting at which the project is to be considered for funding
5
.
Applicants should plan ahead for projects whose match depends on passage of ballot
measures. RCO may declare projects ineligible if there is no guarantee of matching funds or
those projects may be passed over in favor of projects with match in place. Such decisions
are based on RCO's confidence in the applicant's ability to have the match in place when
required.
Eligible Projects
The following types of projects are eligible for funding:
• Acquisition: the acquisition of real property
• Development: the development or renovation of public outdoor recreation facilities
• Combination: both acquisition and development in the same project
5
Washington Administrative Code 286-13-040 (3)
Section 2: Policies
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Project proposals must be consistent with the outdoor recreation goals and objectives
contained in the Statewide Comprehensive Outdoor Recreation Plan (SCORP) and recreation
elements of local comprehensive plans.
All proposals must stand on their own merits as viable projects that are not dependent on
other, future phases.
Real property acquired, developed, or renovated using LWCF grants must be retained for
public outdoor recreation use in perpetuity. The area to be retained is identified and
described on a 6(f)(3) Boundary Map submitted by the applicant. 6(f)(3) maps are described
on page 19.
Examples of public park facilities that are eligible for LWCF funding include:
• Athletic fields, multipurpose courts, playgrounds, skate parks, etc.
• Marine facilities (boating, water access, etc.)
• Campgrounds, picnic shelters
• Community gardens
• Golf courses
• Natural areas, open space
• Shooting and archery ranges
• Ski areas, ice skating ponds, snowmobile facilities
• Swim beaches and pools
• Support facilities such as parking, restrooms, storage, and utilities
• Trails (including interpretive) and pathways
• Vistas and view points
• Wildlife management areas (fishing or hunting) u
Section 2: Policies
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Acquisition Projects
Eligible Acquisition Costs
The only eligible acquisition costs include:
• Acquisition of real property for public outdoor recreation and improvements. Public
access to the property is required, but may be controlled. Projects may include
acquisition of structures and improvements that (a) are to be used primarily for
outdoor recreation or outdoor recreation support activities, or (b) are part of the
outdoor recreation area to be acquired, and are to be removed or demolished.
Project sponsors must list all improvements and their proposed use or disposition in
the application.
• Relocation of eligible occupants, including administrative costs.
All other incidental and administrative costs related to the acquisition of real property,
except costs associated for cultural resources review, are ineligible.
Ineligible Acquisition Projects
The following are not eligible for LWCF funding:
• Acquisition of historic sites and structures
• Acquisition of museums and sites to be used for museums or primarily for
archeological excavations
• Acquisition of land to help meet a public school’s minimum site size requirement, as
established by state or local regulations
• Acquisition of areas and facilities designed to be used primarily for semi-professional
and professional arts and athletics
• Acquisition of areas and facilities to be used solely for game refuges or fish
production purposes
• Acquisition of areas to be used mainly for the construction of indoor facilities, except
for covered swimming pools and ice rinks
• Acquisition of railroad “hardware,” trestles, stations, yards, etc.
• Acquisition of sites containing luxury lodges, motels, cabins, and similar elaborate
facilities, which are to be operated by the project sponsor or a concessionaire to
serve recreationists with food and sleeping quarters Ɖ
Section 2: Policies
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• Acquisition of agricultural land primarily for preservation in agricultural purposes
• Acquisition of federal surplus property unless legislatively authorized in a specific
situation
• Acquisition of scholastic and intercollegiate facilities
• Lands acquired from the federal government at less than fair market value
Appraisal Standards for Acquisitions
The Uniform Appraisal Standards of Federal Land Acquisitions
6
, commonly called the “Yellow
Book” must be used to prepare appraisals. This requirement applies to new projects and to
land transactions that occur as a result of a conversion.
Acquisition Methods
Acquisition of lands and waters, or interests therein, may be accomplished through
purchase, eminent domain, transfer, or by gift. Acquisition of real property may include
purchasing the land directly, also called fee simple title, or acquiring a perpetual easement.
Acquisitions of interests of less than fee simple title are not encouraged unless such lesser
rights (e.g., permanent recreation use easements or similar devices) will ensure the desired
public access and use in perpetuity. No approval will be given for the acquisition of
leasehold interests.
Uniform Relocation and Acquisition
Real property acquisitions with LWCF grants must be made in accordance with the
applicable provisions of Public Law 91-646, the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended.
In addition to real property acquisitions, the Uniform Relocation and Assistance Act
requirements also apply to conversions and development grants (if the property was
acquired with LWCF funding within the past 5 years.)
Buying Land before an RCO Project Agreement is Approved
Under most conditions, RCO only will pay for expenses that occur when the project
agreement is active. However, a project sponsor may get approval from the National Park
Service and RCO to cover land acquisitions costs incurred before the project agreement was
6
This publication is revised annually and can be found on the Appraisal Foundation’s Web site at
www.appraisalfoundation.org/s_appraisal/index.asp
Section 2: Policies
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signed. To do this, the project sponsor must request a waiver of retroactivity.
7
The waiver
may be requested only when immediate action is necessary and the grant won’t be awarded
in time. When a waiver is approved, it allows the sponsor to acquire the property in advance
of a signed project agreement without forfeiting eligibility. Approval of a waiver does not
however, guarantee funding. When approved, a waiver is good for one year plus the balance
of the next federal fiscal year from the date of issue. For information on what materials to
submit for a waiver of retroactivity request, please refer to Manual 3: Acquiring Land:
Policies.
Acquisition for Delayed Development
Grants may be available to buy land for future development of outdoor recreation facilities.
In the interim between acquisition and development, the property must be open for those
public recreation purposes that the land is capable of supporting, or which can be achieved
with minimum public investment.
If development will be delayed more than three years from the date of acquisition, the
project sponsor must include the following information at the time of application:
• Why immediate acquisition of the property is necessary
• What facilities will be developed and when
• The type of recreation access that will be provided during the interim period
• What, if any, non-recreational uses will be continued on the property and when will
they be terminated
• Assurance that non-recreational uses will be terminated within three years from the
date of acquisition
Development and Renovation Projects
A development project may consist of one improvement or a group of related
improvements designed to provide basic facilities for outdoor recreation, including facilities
for access, safety, health, and protection of the area, as well as thouse required for the
outdoor recreation use of the site, including support facilities such as park roads, parking,
restrooms, walkways, landscaping, etc.
Funding for development projects may include construction, renovation, site planning,
demolition, site preparation, architectural and engineering services, and similar activities that
are essential to complete the proposed project scope.
7
Washington Administrative Code 286-13-085 ɉ
Section 2: Policies
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Ownership and Control of Project Lands (Control and Tenure)
Project sponsors may develop facilities on land they own or on land where they have less-
than-fee interests, such as easements, if their rights to the land provide permanent control
of the property commensurate with the proposed development. All less-than-fee interests
must be described in the Proposal Description and Environmental Screening Form and
indicated on the Section 6(f) boundary map required in the application.
No approval will be given for the development of facilities on leased land except unless the
land meets one of the following circumstances:
A. The land is leased from the federal government with no less than 25 years remaining
on the lease, and the lease is not revocable at will.
B. The land is leased from one public agency to another for 25 years or more and there
are safeguards included to adequately ensure perpetual use. Safeguards may include
joint sponsorship of the proposed project or an agreement in which the land-owning
agency provides assurances that it would assume compliance responsibility for the
Section 6(f)(3) area
8
if the lessee defaulted on the lease or the lease expired. These
assurances must be reflected explicitly in the project agreement. See the National
Park Service’s LWCF Manual, Chapter 3A.8 on project sponsor ownership and control
of property.
Development Project Design Requirements
Plans for the development of land and/or facilities should be based on the needs of the
public, the expected use, and the type and character of the project area. Facilities should be
attractive for public use and generally consistent with the environment. Plans and
specfiiciations for improvements and/or facilities should be in accord with established
engineering and architectureal practices. Emphasis should be given to the health and safety
of users, accessibility to the general public, and the protection of the recreation and natural
values of the area.
All facilities developed with grant assistance must be designed in conformance with
appropriate current design standards for the Architectural Barriers Act of 1968, Section 504
of the Rehablitation Act of 1973, as amdnded and the Americans with Disabilities Act.
Development on Public School Grounds
Project sponsors may develop facilities on land they own if they can ensure perpetual public
use. When they develop facilities on public school grounds, the following conditions also
apply:
8
See page 18. Ⱦ
Section 2: Policies
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• Outdoor recreation areas and facilities for use by the public and by public schools,
including colleges and universities, are eligible for grants if they are not part of the
normal and usual program and responsibility of the school system.
• Stadiums, stadium-like seating, and portable bleachers are not eligible for grants.
• Facilities needed solely to meet the physical education and athletic program
requirements of a school are not eligible for grants. However, the school system may
have exclusive use of facilities such as athletic fields, tennis courts, and swimming
pools, at certain times for instruction or competition if the public outdoor recreation
use remains primary, and there is adequate public access at other times.
Include in the grant application a schedule of the time the facility will be open to the public.
Additionally, adequate signs must be installed at the site, before the final payment on the
project, indicating when the facilities are open to the public.
Ineligible Development Costs
• Bonus payments of any kind
• Ceremonial or entertainment expenses
• Charges in excess of the lowest bid when competitive bidding is required
• Costs of discounts not taken
• Damage judgments whether determined by judicial decision, arbitration, or otherwise
• Donations or contributions made by the project sponsor, such as to a charitable
organization
• Employee facilities, including residences, appliances, office equipment, furniture, etc.
• Expenses for publicity
• Fines and penalties
• Interest expenses
• Items not listed in the project scope
• Legal, professional fees paid in connection with raising funds
• Operation and maintenance costs of recreational areas and facilities
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• Salaries and expenses of the chief executive of the project sponsor (mayor, etc.) or
the local government body (city, county, etc.)
• Support facilities that exclusively serve ineligible facilities
• Taxes that the project sponsor would not have been liable to pay
Permits and Forms
Corps Permits
Sponsors of projects that require any Army Corps of Engineers permit must provide a copy
of the issued permit within 90 days of the Recreation and Conservation Funding Board’s
approval of the project or the project will not be funded.
Proposal Description and Environmental Screening Form
Project sponsors must review their projects for potential environmental impacts by following
the National Environmental Policy Act, which coordinates federal, state, and local
environmental requirements. To facilitate and document this coordination, States must
ensure that the LWCF Proposal Description and Environmental Screening Form is completed
and accompanies the request for federal funding.
The National Park Service encourages States and project sponsors to use the form as early as
possible in the project planning process. Public involvement is required in the planning
process.
Upon completion, the environmental screening form will indicate the resources that could
be impacted by the project enabling States and project sponsors to follow an appropriate
pathway for National Environmental Policy Act analysis:
A. Recommendation for a Categorical Exclusion
B. Production of an Environmental Assessment
C. Production of an Environmental Impact Statement
The environmental screening form also could be used to document earlier, yet still viable,
environmental analysis of this federal proposal.
The completed Proposal Description and Environmental Screening Form will guide RCO
along the appropriate National Environmental Policy Act pathway to produce the level of
environmental analysis and documentation required for the proposed project undertaking.
The Proposal Description and Environmental Screening Form will document and support the e
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National Environmental Policy Act analysis pathway option chosen for the prposed project.
The pathway options available are:
A. Categorical exclusion for which a record is needed.
B. Environmental assessment.
C. Environmental impact statement.
National Historic Preservation Act, Section 106 Process
The National Historic Preservation Act’s section 106 requires project applications to be
reviewed to determine if there will be any impact to historical properties. RCO begins this
process by contacting the State Historic Preservation Office and Native American tribes. The
State Historical Preservation Office then determines the potential impacts, defines the “area
of potential affect,” and may request a cultural resources survey.
If a cultural resources survey is requested, the project sponsor must complete the survey.
RCO forwards the survey to the State Historic Preservation Office, National Park Service, and
interested Native American tribes for review and comment. RCO then forwards comments
and the State Historic Preservation Office determination to the National Park Service for a
final determination.
This review and the review under the National Environmental Policy Act are two separate,
distinct processes. They can, and should, occur simultaneously. They should be coordinated
to avoid duplication of public involvement or other requirements.
The Proposal Description and Environmental Screening Form must include a description of
the research that was done, including the names of individuals, organizations, and sources
contacted.
If research shows that cultural resources do exist, they must be identified and a description
of how they will be protected included in the Environmental Assessment.
Intergovernmental Review
To receive LWCF grants, sponsors must notify directly state, area wide and regional agencies,
and local governments that would be affected by the project. This may be accomplished by
publishing the project notice in the Federal Register or (preferred) by sending information
directly to affected agencies. Such notices should include a detailed description of the
proposal, an address where comments may be forwarded, and the deadline for comment. A
60-day comment period is suggested. 3
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Public Review
At a minimum, States or project sponsors are required to ensure the interested and affected
public has had an opportunity to review and provide written comments on completed
environmental assessments for LWCF proposals. This public comment period shall be no less
than 30 days. The notice an Environmental Assessment is available for review shall be
published in the local newspapers and community notices, posted on the sponsoring
agency’s Web site, and broadly made known to the public in such a way that interested and
affected people have ample notice of the public comment period. The States or project
sponsors are responsible for reviewing the public comments. These comments and the
responses that address all substantive comments are to be included in the proposal’s
submission to the National Park Service. If the proposal is revised in response to substantive
public comments, or for any other reason, States should consult with the National Park
Service to determine if the public needs another opportunity to review the revised
Environmental Assessment.
Project Boundaries – Section 6(F)(3) of the LWCF Act
Section 6(f)(3) of the LWCF Act contains provisions to protect federal investments and the
quality of resources funded by grants. The law recognizes that changes in land use or
development may make some grant-assisted areas obsolete over time, particularly in rapidly
changing cities. At the same time, the law discourages casual “discards” of park and
recreation facilities by ensuring that changes or “conversions from recreation use” will bear a
cost – a cost that assures taxpayers that investments in the “national recreation estate” will
not be squandered. The LWCF Act contains a clear provision to protect grant-assisted areas
from conversions:
Section 6(f)(3): No property acquired or developed with assistance under this section
shall, without the approval of the Secretary, be converted to other than public outdoor
recreation uses. The Secretary shall approve such conversions only if [s]he finds it to be
in accord with the then existing comprehensive statewide outdoor recreation plan and
only upon such conditions as [s]he deems necessary to assure the substitution of other
recreation properties of at least equal fair market value and of reasonably equivalent
usefulness and location.
This requirement applies to all parks and other sites that have received LWCF grants of any
type, whether for acquisition, development, or renovation of facilities. In many cases, even a
small grant (e.g. for development of a picnic shelter) in a park of hundreds or even
thousands of acres provides protection against conversion for the entire park.
To ensure the continued effectiveness of law, several management tools have been
developed to monitor and correct changes in assisted sites. For example, the National Park
Service requires inspections of all grant-assisted areas and facilities at least once every five
years.
Section 2: Policies
Page 19
March 2010
Boundary Map
One of the most important attachments to the project application is the 6(f)(3) project
boundary map. This map shows the park area to be covered by Section 6(f)(3) anti-
conversion protections. This map, which must be submitted with every grant application,
need not be a formal survey document, but should contain enough site-specific information
to:
• Ensure that both the grant recipient and RCO agree on the property boundaries of
the covered site at the time of the grant award.
• Provide location, size indicators, and a picture of key facilities and landmarks to help
future project inspectors better identify and evaluate the site.
The project boundary should delineate clearly the area to be included under the conversion
provisions of Section 6(f)(3) of the LWCF Act. All land within the project boundary must be
dedicated in perpetuity to public outdoor recreation. At a minimum, this area must be a
viable public outdoor recreation area that is capable of being self-sustaining without reliance
on other areas not identified in the scope of the project. Except when the project sponsor
can show that a smaller area is a self-sustaining outdoor recreation resource, the area to
include within the boundary map will include the larger park, open space, or recreation area
being developed or expanded. Any change of the land within the boundary for a use other
than public outdoor recreation will require replacement of the converted land.
Map Requirements
• Official park/site name, location, and LWCF and RCO project numbers
• Sufficient detail to legally identify the lands to be protected under Section 6(f)(3) of
the LWCF Act. The following are acceptable methods for referencing property
boundaries: deed references; adjoining ownerships; adjoining easements and rights-
of-way; public streets; adjoining water bodies or other natural landmarks; metes and
bounds; and surveys. Where one or more of the above methods are not readily
suited for identifying the area, measurements from permanent locators may be used.
A formal survey is not required.
• All known outstanding rights and interests in the boundary held by others. Known
easements, deed/lease restrictions, reversionary interests, etc. are to be documented,
including any area(s) under lease, name(s) of lessor and lessee, and term remaining
on the lease(s).
• Approximate total acreage of the 6(f) area
• North arrow h
Section 2: Policies
Page 20
March 2010
• Signature and date of the project sponsor.
• Up to 11 inch x 17 inch format highly preferred.
Signs
Signs must be posted at all acquisition and/or development projects funded by LWCF
grants.
Temporary Signs
Temporary signs must be installed at all development projects from the start of construction
until a permanent sign is installed. Project sponsors may delay installing signs at acquisition
projects until the acquisition of all parcels and all relocations have occurred. Project sponsors
must install a temporary sign on the completion of the final acquisition for at least six
months or until replaced by a permanent sign.
Unless precluded by local sign ordinances, the minimum size of the signs will be 2 feet by 3
feet. There is no maximum size. Project sponsor may be reimbursed one-half the cost of a
temporary sign if it’s included in the project agreement as an allowable cost.
Temporary signs must contain the following information:
Sponsoring Agency Name
Public Outdoor Recreation Site Acquisition or Development
Aided by the Land and Water Conservation Fund
Administered by Washington State Recreation and Conservation Office
National Park Service, U.S. Department of the Interior
LWCF XX% (Dollar Amount)
Sponsoring Agency Name XX% (Dollar Amount)
TOTAL PROJECT (Dollar Amount)
LWCF Revenue from Outer Continental Shelf Receipts, Motorboat Fuel Tax, and Sale of
Surplus Federal Properties
Permanent Signs
Federal guidelines require permanent signs acknowledging LWCF participation to be
installed at all grant-assisted project sites. RCO may provide the signs. r
Section 3: Project Selection Process
Page 21
March 2010
Section 3
Open Project Selection
Process
In this section, you’ll learn about:
9 Evaluation questions
9 Scoring criteria
Grant Evaluation
Grant applications are evaluated by the Land and Water Conservation Fund Advisory
Committee against criteria called the “Priority Rating Analysis,” which were developed by
RCO and the National Park Service. The criteria are presented as questions, and are used to
score and rank project proposals.
The advisory committee scores the first series of questions. These questions have some
subjective elements that the team scores using best judgment guided by actual recreational
use and professional experience. RCO staff scores the criteria that rely on more objective
data.
Section 3: Project Selection Process
Page 22
March 2010
Priority Rating Analysis
Score by # Criteria
Score (Multiplier) Maximum
Points
Priority in
LWCF Advisory
Committee
1 Consistency with
SCORP
0-5 points (x 3) 15
SCORP
LWCF Advisory
Committee
2 Need
0-5 points (x 3) 15
SCORP
LWCF Advisory
Committee
3 Project Design Development 0-5
points (x2)
Combination 0-5 (x1)
10
Or 5
LWCF
LWCF Advisory
Committee
4 Urgency-Viability Acquisition 0-5 (X2)
Combination 0-5 (x1)
10
Or 5
LWCF
LWCF Advisory
Committee
5 Federal grant program
priorities
0-5 points (x 2) 10
LWCF
LWCF Advisory
Committee
6 Readiness
0-5
5
LWCF
LWCF Advisory
Committee
7 Cost efficiencies 0-5
5
LWCF
RCO Staff 8 Population Proximity 0-3
3
State law
RCO Staff 9 Applicant compliance 0-5
5
National Park
Service policy
Total Points Possible = 68 ʭ
Section 3: Project Selection Process
Page 23
March 2010
Priority Rating Analysis
Team Scored
1. Consistency with the state comprehensive outdoor recreation plan (SCORP). To
what extent does the project address one or more LWCF priorities identified in
SCORP?
The most recent SCORP document is Defining and Measuring Success: The Role of
State Government in Outdoor Recreation (RCO, 2008). SCORP identifies three
priorities for LWCF grant support:
A. Projects supporting individual active participation. “Active” means those
forms of recreation that rely predominantly on human muscles, and includes
walking, sports of all kinds, bicycling, and other activities that help people
achieve currently accepted recommendations for physical activity levels.
B. Projects that provide continued improvement of existing sites and facilities
previously funded with LWCF grants. Note: Evaluators should consider the
actual proposed improvement, especially the extent to which the proposal
will enhance or expand these sites or facilities, not the previously-funded
project or project elements.
C. The provision of active connections between communities and recreation
sites and facilities. “Active connections” means shared-use trails and paths,
greenways, and other facilities and features that encourage walking, jogging,
running, and bicycling for more than recreation. The emphasis is on
dedicated, grade-separated facilities.
How well does the proposed project address any combination of these priorities?
Projects addressing more than one priority may not necessarily score higher than a
project addressing one priority in an outstanding manner.
S Point Range
Evaluators award 0-5 points, which are later multiplied by 3.
Section 3: Project Selection Process
Page 24
March 2010
2. Need. What is the need for the project? Consider the goal of the project and how it
relates to the service area:
o
Inventory of existing sites and facilities
o
Populations or activities that are not served or underserved
o
Amount of use of existing sites
o
Potential use of proposed sites
o
How the project meets identified need
o
Whether the project is named by location or type as a priority in an adopted
plan such as a community's comprehensive plan, a state agency capital
improvement plan, a park or open space plan
Examples
o
A proposal to develop a new sport fields to address an identified shortage
could receive a high score. A proposal for a sports field without plans or
relevant studies supporting the need would receive a lower score.
o
A proposal for renovating the last intact Civilian Conservation Corps (CCC)
structure in a remote park site could receive a high score. A proposal to
renovate a picnic shelter could also receive a high score if the use is high.
o
A proposal for building a community trail in a location or service area with
few existing trails could receive a high score. A proposal to develop a trail in a
location or service area where many other opportunities exist would receive a
lower score. Note: the applicant defines “community.”
S Point Range
Evaluators award 0-5 points, which are later multiplied by 3. 䳆
Section 3: Project Selection Process
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March 2010
3. Project Design. Is the project well designed? Will the project result in a quality
recreational opportunity while protecting the integrity of the environment?
Some design elements that may be considered include accuracy of cost estimate,
aesthetics, maintenance requirements, materials, phasing, risk management,
recreational experience, spatial relationships, universal accessibility, and user friendly
design.
o
What percentage of the design is completed to date? Is the design in the
conceptual phase or has a master plan been developed? Has the master plan
adopted by governing body?
o
Does the project demonstrate good design criteria; does it make the best use
of the site?
o
Does the design provide equal access for all people, including those with
disabilities?
o
Does the proposed design protect natural resources on site? For example,
does the project include low impact development techniques, green
infrastructure, or environmentally preferred building products?
o
Is the site design visually integrated into the landscape features?
o
How well does the design appear to accommodate the projected use?
o
Suitability of the site. What is the nature and condition of existing
surrounding land use, as well as future concerns such as shoreline
designation, zoning, comprehensive or project-specific planning?
o
How likely are the proposed public use facilities given the required regulatory
and proprietary approvals, funding, etc?
o
Design complements the described need.
o
Ease of maintenance.
o
Realistic cost estimates provided.
o
For a trail project, does the design provide adequate surfacing, width, spatial
relationships, grades, curves, switchbacks, road crossings, and trail head
locations?
S Point Range
0 points Poor design evidence presented.
Section 3: Project Selection Process
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March 2010
1-2 points Design adequately addresses some of the above considerations.
3 points Design adequately addresses most or all the above considerations.
4-5 points Design addresses the considerations in an outstanding manner.
Evaluators award a maximum of 5 points, which are later multiplied by 2.
Section 3: Project Selection Process
Page 27
March 2010
4. Urgency and Viability. Acquisition or combination projects answer this
question.
Why purchase this particular property at this time? How viable are the anticipated
future uses and benefits of the site?
o
If LWCF funding is not made available, will high priority outdoor recreation
property be lost?
o
What are the alternatives to acquiring the property?
o
Is there an immediate threat or will the property be available for acquisition
or development at a later time?
o
What is the likelihood that the property will be converted to a non-
recreational use if the property is not acquired now?
o
Is there a threat to the public availability of the resources at the site?
o
Will the site be available immediately for public use or will the site require
some improvement to make it available for public use? If improvements are
necessary, what is the timeframe for implementing future site improvements?
o
Describe land management practices in the area that may affect the viability
of the site?
o
Who will maintain the site and what resources are necessary and available for
maintenance for the site?
o
Suitability of the site. What is the nature and condition of existing
surrounding land use, as well as potential future concerns such as shoreline
designation, zoning, comprehensive or project-specific planning?
S Point Range
0 points. Little evidence presented.
1-2 points Adequate evidence to address some of the above considerations.
3 points Adequate evidence to addresses most or all the above considerations.
4-5 points Thorough and convincing evidence.
Evaluators award a maximum of 5 points that are later multiplied by 2 for acquisition
projects and 1 for combination projects. r
Section 3: Project Selection Process
Page 28
March 2010
5. Federal grant program goals. How well does the proposed project meet
Department of the Interior and National Park Service goals for grant programs?
The National Park Service is a bureau within the Department of Interior. The
Department of Interior also has developed annual goals for its programs. Examples
include engaging children in the great outdoors and improving water use efficiency.
Evaluators will be provided with the most recent set of federal goals and will be
asked to determine the extent to which a proposed project addresses those goals.
For example: if the National Park Service has a goal to encourage projects that meet
the needs of underserved communities, expand the public recreation estate, or
strengthen the health and vitality of the American people, applicants should
demonstrate how their project addresses the goal locally, regionally, or statewide.
Projects providing opportunities that help meet one or more of these goals should
receive higher scores than those projects that do not help meet any of the goals.
Projects also will be evaluated on the how well they meet federal grant program
goals.
S Point Range
0 points No federal goals are met.
1-2 points The project meets only one goal and the contribution to the goals is
marginal or moderate.
3 points The project helps meet more than one goal and the contribution to
the goals is moderate.
4-5 points The project helps meet one or more goals and the contribution is
exemplary or substantial.
Evaluators award 0-5 points, which are later multiplied by 2.
Section 3: Project Selection Process
Page 29
March 2010
6. Readiness. Is the project ready to proceed? National Park Service rules encourage
proposals where the applicant is ready to start work as soon as a project agreement
is signed.
o
Start-Finish: Are matching resources available? When will work on the project
begin? When will work be completed or the facility open to use? How long
will it take before the project is complete?
o
Preliminary Work: Are all elements ready — permits, environmental
clearances, historic or cultural resources, engineering, signed agreements,
equipment, labor force, etc.? Have any appeals been resolved? Explain.
o
Acquisitions: Has the landowner been contacted? Is the owner willing to sell?
Does the applicant hold an option on the property? Describe. Are required
appraisals and reviews completed? Describe. Will the land acquired be
immediately available for use? Explain.
S Point Range
0 points Very large barriers exist that likely will delay the project a year or
more.
1-2 points Substantial or significant barriers exist that likely will be removed in
the next 12 months.
3-4 points Minimal, ordinary barriers exist that likely will be removed by the time
a grant is approved.
5 points No barriers exist and the project is ready to move forward
immediately.
Evaluators award 0-5 points.
Section 3: Project Selection Process
Page 30
March 2010
7. Cost efficiencies. The extent that this project demonstrates efficiencies or reduces
government costs through documented use of:
o
Volunteers
o
Donations
o
Innovative or sustainable design or construction resulting in long-term cost
savings. Examples are use of solar energy, integration of wetlands as “green
infrastructure,” or new materials or construction techniques with outstanding
potential for long service life.
o
Signed cooperative agreements
o
Signed memoranda of understanding, such as no-cost easements or leases,
or similar cost savings.
S Point Range
0 points No evidence presented.
1-2 points The benefit of any such agreement is marginal.
3 points Cooperative measures will result in moderate efficiencies or savings.
4-5 points Cooperative measures will result in substantial efficiencies or savings.
Evaluators award 0-5 points. "
Section 3: Project Selection Process
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March 2010
Scored by RCO Staff
8. Population Proximity. Is the project in a populated area?
This question is scored based on a map provided by the applicant. To receive a score,
the map must show the project location and project boundary in relationship to a
city’s or town’s urban growth boundary.
A. The project is in the urban growth area boundary of a city or town with a
population of 5,000 or more.
Yes: 1.5 points
No: 0 points
AND
B. The project is in a county with a population density of 250 or more people
per square mile.
Yes: 1.5 points
No: 0 points
The result from “A” is added to the result from “B.” Projects in cities with more
than 5,000 population and within high density counties receive points from both
“A” and “B.”
RCO staff awards a maximum of 3 points.
Section 3: Project Selection Process
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March 2010
9. Applicant compliance. Has the sponsor demonstrated good grant stewardship?
S Point Range
0 points An otherwise eligible sponsor has one or more outstanding confirmed
conversions that are more than 5 years old and/or the sponsor is not
working actively with RCO and the National Park Service to resolve.
1 point Sponsor has outstanding confirmed conversion of its own making and
is actively working with RCO and the National Park Service to resolve.
2 points Sponsor has outstanding confirmed conversion not of its making and
is actively working with RCO and the National Park Service to resolve.
3 points Sponsor has no outstanding compliance issues but has outstanding
site inspection findings that are not conversions.
4 points Sponsor has no outstanding compliance issues and has had only
minor site inspection findings (e.g. missing signs).
5 points Sponsor has no outstanding compliance issues and has had no
negative site inspection findings. l
Section 4: Post-Completion Requirements
Page 33
November 2010
Section 4
Post-Completion
Requirements
In this section, you’ll learn about:
9 Responsibilities
9 Inspections
9 Conversions, change of use
An Ongoing Commitment
No matter the funding level or relative share of LWCF funds in a given project, LWCF rules
and processes will apply to the entire funded project in perpetuity.
Post-Completion Responsibilities and Inspections
RCO staff, in cooperation with the National Park Service, will inspect all projects 5 years after
final payment is made and then at 5-year intervals afterward. The inspections ensure that:
• The property acquired and developed with LWCF grants is being operated and
maintained so as to appear attractive and inviting to the public.
• Sanitation and sanitary facilities are being maintained in accordance with applicable
health standards.
• Properties are being kept reasonably safe for public use.
• Buildings, roads, trails, and other structures and improvements are being kept in
reasonable repair throughout their estimated lifetime to prevent undue deterioration
and to encourage public use.
• The facilities are open for public use at reasonable hours and times of the year,
according to the type of area or facility.
Section 4: Post-Completion Requirements
Page 34
November 2010
On-site, post-completion inspections include the following points:
• Retention and Use. Is the property being used for the purposes intended?
• Appearance. Is the property attractive and inviting to the public?
• Maintenance. Is upkeep and repair of structures and improvements adequate? Is
there evidence of poor workmanship or use of inferior quality materials or
construction? Is vandalism a problem?
• Management. Does staffing and servicing of facilities appear adequate?
• Availability. Is there evidence of discrimination? Is the property readily accessible
and open to the public during reasonable hours and times of the year?
• Environment. Is the quality of the area being maintained?
• Signing. Is the area properly signed to allow for user information and safety, and
proper acknowledgement of the LWCF assistance received?
• Interim Use. Where lands have been acquired but not yet developed, the inspection
should determine whether the interim use being made of the property, if any, is as
agreed to by the National Park Service.
• Accessibility. Is the area or facility accessible by people with disabilities? Have lips,
grades, and slopes that prevent use by all people been eliminated?
• Conversion. Is any part of the property being used for ineligible activities? Has any
encroachment occurred (such as neighboring landowners, street right-a-ways,
utilities, etc.)?
Under Title VI of the 1964 Civil Rights Act, property acquired or developed with LWCF grants
shall be open to entry and use by all people regardless of race, color, or national origin.
Section 6(f)(8) of the LWCF Act and 36 CFR 59.4 provide that with respect to property
acquired or developed with LWCF grants, discrimination on the basis of residence, including
preferential reservation, membership, and annual permit systems, is prohibited except to the
extent that differences in admission and other fees may be maintained on the basis of
residence.
Section 504 of the Rehabilitation Act of 1973 requires that no qualified person shall, on the
basis of handicap, be excluded from participation in, be denied benefits of, or otherwise be
subjected to discrimination under any program or activity that receives benefits from federal
financial assistance.
Project sponsors may impose reasonable limits on the type and extent of use of areas and
facilities acquired or developed with LWCF grants when such a limitation is necessary for
Section 4: Post-Completion Requirements
Page 35
November 2010
maintenance or preservation. Thus limitations may be imposed on the numbers of people
using an area or facility or the type of users, such as "hunters only' or "hikers only.” All
limitations shall be in accord with the application agreements and amendments.
Non-Recreation Uses
Non-recreation uses, such as timber management, grazing, and other natural resource uses,
not including agriculture, may be allowed on the land if they are:
• Clearly described in the project application
• Compatible with and secondary to outdoor recreation use
• Approved by the National Park Service and RCO director.
Non-recreation uses such as agriculture occurring on the property at the time of acquisition
may continue for up to three years, contingent on approval by the Recreation and
Conservation Funding Board and National Park Service. A project sponsor will not receive
reimbursement on the project until the non-recreation use is terminated.
Changing the Use of Property
The LWCF Act requires that all property acquired or developed with LWCF funds be
dedicated in perpetuity exclusively to public outdoor recreation use. The law further states
that no property can be converted to a different use without the approval of the Secretary of
the Interior.
This law affects land within the "project boundary" as shown on maps submitted with the
grant application, and normally is the boundary of the park that is to be acquired or
developed. The project boundary cannot be less than the area acquired with LWCF grants
but sometimes is less than the entire park on development projects. If land or facilities are
excluded, the project sponsor must state the reason for the exclusion on the map submitted
with the grant application. Typical reasons to exclude an area would include an existing or
proposed community center within the park, or lease of land to a nonprofit organization
(such as the Boy Scouts) in a large wilderness-type park. Exclusions require approval from
the Recreation and Conservation Funding Board and the National Park Service.
When an organization wants to convert land to another use, it must replace the land with
other land that is in accord with the Statewide Comprehensive Outdoor Recreation Plan, of
at least current fair market value, and of reasonable equivalent usefulness and location.
Conversions generally occur when:
Section 4: Post-Completion Requirements
Page 36
November 2010
• Property interests are conveyed for non-public outdoor recreation uses. Property
interests are conveyed to a third party not otherwise eligible for the program that
funded the project.
• Non-recreation uses (public or private) are made of the project area, or a portion of
it.
• Non-eligible indoor recreation facilities are developed on the land without State or
National Park Service approval.
• Public outdoor recreation use is terminated.
Exceptions
• Underground utility easements that do not have significant impacts on the current or
future recreational utility of the park will not constitute a conversion.
• Proposals to construct public facilities or to shelter or enclose outdoor recreation
facilities, where it can be shown to increase the public recreational opportunity, may
not constitute a conversion. The National Park Service will give approval on a case-
by-case basis.
Public Structures
The National Park Service will consider requests to construct sponsor-funded public facilities
only if the following prerequisites and criteria have been met.
• All requests must be made in writing and in advance of construction of the public
facility.
• All design and location alternatives have been adequately considered, documented,
and rejected on a sound basis.
• The State has adequately reviewed the project and the RCO director has
recommended it.
• Use of the facility will be compatible with outdoor recreation and will increase
outdoor recreation use; and recreation use remains the overall primary function of
the site.
• The proposed structure is compatible and significantly supportive of the outdoor
recreation resources of the site, whether existing or planned. The park's outdoor
recreation use must continue to be greater than that expected for any indoor uses,
unless the site is a single-use facility that virtually occupies the entire site. Examples
of uses which would not ordinarily be approved include, but are not limited to: a 畴
Section 4: Post-Completion Requirements
Page 37
November 2010
community recreation center which takes up all or most of a small park site, police
stations, fire stations, professional sports facilities or commercial resort or other
facilities which a) are not accessible to the general public, or b) require memberships,
or c) due to high user fees have the effect of excluding elements of the public, or d)
which include office, residential, or elaborate lodging facilities.
• Potential and future benefits to the total park's outdoor recreation use must be
identified in the proposal. Any costs or detriments should be documented and a net
recreation benefit must result.
• The proposed facility must be under the control and tenure of the public agency that
sponsors and administers the original park area.
• The proposal has been subjected to public review. Public comment providing
evidence of public support must accompany the proposal.
• All applicable federal requirements for approval and operation are met.
Obsolete Facilities
Project sponsors are not required to continue operation of a recreation area or facility
beyond its useful life. However, the LWCF Act, Section 6(f)(3), requires that project sponsors
maintain the entire area defined in the project agreement in some form of public outdoor
recreation use. Sponsors should obtain approval from RCO and the National Park Service
before altering the original plans for the area.
Not all changes require National Park Service approval. For example, changing from a tennis
court to a basketball court may not require federal review. Project sponsors must notify RCO
in advance of all project changes. RCO and the National Park Service will make a
determination of whether a formal review and approval process will be required.
Determination that a Facility is Obsolete
9
Notwithstanding neglect or inadequate maintenance by the project sponsor, a recreation
area or facility may be determined to be obsolete if:
• Reasonable maintenance and repairs are not sufficient to keep the recreation area or
facility operating.
• Changing recreation needs dictate a change in the type of facilities provided.
• Park operating practices dictate a change in the type of facilities required.
9
Federal LWCF Manual 675.9.4(B.)
Section 4: Post-Completion Requirements
Page 38
November 2010
• The recreation area or facility is destroyed by fire, natural disaster, or vandalism.
A project sponsor may permit the use of a facility to be discontinued or allow a particular
type of recreation use of the area to be changed after submitting acceptable justification to
RCO. If RCO determines the facility is needed and was lost through neglect or inadequate
maintenance, the change would be deemed a conversion and replacement facilities must be
provided at the current value of the original investment. h
Appendix A: Other Federal Acts and Laws
Page 39
November 2010
Appendix A
Other Federal Acts and
Laws
The Land and Water Conservation Fund is a single-purpose grant program for acquisition
and development of land for public outdoor recreation facilities. When federal funds are
used, applicants must comply with all applicable federal laws. A statement on the effect of
the project on the relevant subjects in Table 1. below must be included in the Environmental
Assessment.
Projects awarded LWCF grants are subject to the provisions of the L&WCF Grants Manual
(U.S. Dept. of Interior, National Park Service). The following summarizes many of these
requirements that may apply:
Construction contracts over $10,000 must:
• Award such contracts through competitive bidding - copies of all advertisements,
bids, and contracts must be sent to RCO.
• Include the following statement in all press releases, requests for proposals, bid
solicitations, agreements, and other documents describing the project -
“This project is assisted by a $ [INSERT DOLLAR AMOUNT] federal grant, which is [INSERT
PERCENTAGE] percent of its total construction cost.”
• Include a statement in compliance with the Copeland Anti-Kickback Act.
• Include the approved anti-discrimination statement.
Affirmative Action. Some projects are affected by federal Hometown Plan Affirmative
Action requirements regarding construction contractors. RCO will notify the sponsors of
such projects. E
Appendix A: Other Federal Acts and Laws
Page 40
November 2010
Projects over $500,000. Such projects must display temporary acknowledgment signs. RCO
will provide sign specifications. The signs must be in place from the time of closing for
acquisition projects and from the start of construction through completion in development
projects.
Army Corps of Engineer Permits. A copy of any required Army Corps of Engineers permit
must be provided to RCO before execution of the project agreement.
Sponsors are responsible for compliance with the following Public Laws (P.L.), Executive
Orders (E.O.), Codes (C.F.R. and U.S.C.), and Budget Circulars.
Table 1. Other Federal Acts and Laws
Antiquities Act of 1906
(16 U.S.C. sec 431)
Americans With Disabilities Act of 1990 (Titles II, III)
Archaeological and Historic Preservation Act of
1974
(P.L. 93-291, 16 U.S.C. sec. 469a-1, as amended)
Architectural Barriers Act of 1968
(P.L. 90-480)
Civil Rights Act of 1964
(Title VI; P.L 88-352, 42 U.S.C. Sec’s. 2000d to
2000d-4)
Clean Air Act
(42 U.S.C. 7609)
Clean Water Act
(33 U.S.C. sec. 1288, 1314, 1341, 1342, 1344)
Coastal Zone Management Act of 1972 (P.L. 92-583; 16 U.S.C. sec 1451, 1456)
Contract Work Hours and Safety Standards Act
and Implementing Regs.
(40 U.S.C. 327-330; 29 C.F.R. 5)
Cultural Environment, Protection and
Enhancement of
(E.O. 11593)
Drug-Free Workplace Act of 1988
(P.L. 100-690; 41 U.S.C. 701 et. seq.)
Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. sec. 1531 et. seq.)
Environmental Policy Act of 1969, The National (P.L. 91-190, as amended; 42 U.S.C. 4321 et. seq.)
Environmental Quality, Protection and
Enhancement of
(E.O. 11514, 11991)
Equal Employment Opportunity
(E.O. 11246)
Estuarine Areas, Federal Act for Protection and
Restoration of
(P.L. 90-454) t
Appendix A: Other Federal Acts and Laws
Page 41
November 2010
Table 1. Other Federal Acts and Laws
Fish and Wildlife Coordination Act
(16 U.S.C. sec 661, 662)
Flood Hazards in Locating Facilities, Evaluation of (E.O. 11296)
Flood Disaster Protection Act of 1973
(P.L. 93-234; 12 U.S.C. sec. 24, 1701-1 supplement.)
Flood Plain Management
(E.O. 11988)
Grant and contract cost principles for state and
local governments for application, acceptance,
and use of federal funds
(Office of Management and Budget Circular A-87)
Grants-in-aid to state and local governments
uniform administrative requirements
(Office of Management and Budget Circular A-102)
Highway Act of 1973, Federal-Aid
(P.L. 93-87)
Historic Preservation Act of 1966, National (P.L. 88-655; 16 U.S.C. sec 470, et. seq.)
Intergovernmental Review of Federal Programs (E.O. 12372)
Land and Water Conservation Fund Program of
Assistance to States; Post- Completion
Compliance Responsibilities
(36 C.F.R. Part 59)
Lobbying With Appropriated Funds, Restrictions
on
(P.L. 101-121 sec. 319; 31 U.S.C. sec. 1352)
Minority Business Enterprise Development (E.O. 12432)
Nonprocurement Debarment and Suspension (43 C.F.R. 12.100-.510)
Petroleum and Natural Gas, Conservation (E.O. 12185)
Power Plant and Industrial Fuel Use Act of 1978 (P.L. 95-620)
Rehabilitation Act of 1973
(P.L. 93-112, sec. 504, as amended)
Relocation Assistance and Real Property
Acquisitions Policy Act of 1970, Uniform
(P.L. 88-352, 42 U.S.C. secs. 2000d-2000d-4)
Rivers and Harbor Act of 1899
(33 U.S.C., sec. 401 et. seq.)
Single Audit Act of 1984, O.M.B. implementation;
supersedes circular A-102
(Office of Management and Budget Circular A-128)
Wetlands Resources Act of 1986, Emergency (P.L. 99-645) 6
Appendix A: Other Federal Acts and Laws
Page 42
November 2010
Table 1. Other Federal Acts and Laws
Wetlands, Protection of
(E.O. 11990)
Water Pollution, Prevention, Control and
Abatement of
(E.O. 11288)
Wild and Scenic Rivers Act of 1968
(P.L. 90-542; 16 U.S.C. 1274 et. seq.)
Appendix B: Suggested Review Agencies
Page 43
November 2010
Appendix B
Suggested Review Agencies
to Consult When Preparing
an Environmental
Assessment
• Concerned tribes
• Council of Governments
• Environmental Protection Agency
• Federal Aviation Administration
• Interested city and county councils,
departments, boards, etc.
• Minerals Management Service
• National Marine Fisheries Service
• National Oceanic and Atmospheric
Administration
• Office of Energy
• Public health department
• Public interest groups
• Salmon Recovery Funding Board
• School districts
• Washington Department of Agriculture,
Natural Resources Division
• State Historic Preservation Officer
• State Water Resources Agency
• U.S. and Washington Department of
Energy
• U.S. and Washington Department of
Transportation
• U.S. Army Corps of Engineers
• U.S. Bureau of Indian Affairs
• U.S. Bureau of Reclamation
• U.S. D.A. Agriculture and Forestry
Experimental Station
• U.S. Fish and Wildlife Service
• U.S. Geological Survey
• U.S. Soil Conservation Service
• Washington Department of Ecology
• Washington Department of Fish and
Wildlife
• Washington Department of Natural
Resources e