LAND AND WATER CONSERVATION FUND STATE …

1 NATIONAL PARK SERVICE. U. S. DEPARTMENT OF THE INTERIOR. LAND AND WATER CONSERVATION fund . STATE ASSISTANCE PROGRAM. FEDERAL FINANCIAL ASSISTANCE MANUAL. Volume 69. Effective Date: October 1, 2008. TABLE OF CONTENTS. PREFACE 1. A. Background 2. B. Program Information 2. C. Internet Resources 3. CHAPTER 1 - GENERAL PROGRAM INFORMATION 1. A. Program Summary 1. B. STATE Apportionment Formula and Special Reapportionment 3. C. Program Review of STATE LWCF Program administration 5. D. Annual Report 7. CHAPTER 2 - STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN. AND OPEN PROJECT SELECTION PROCESS 1. A. STATE Plan Preparation, Procedures, and Eligibility 1. B. Open Project Selection Process 4. C. Financial Assistance for SCORP Development 7. CHAPTER 3 - ACQUISITION AND DEVELOPMENT PROJECT ELIGIBILITY 1. A. General Project Criteria 1. B. Criteria for Acquisition 4. C. Criteria for Development 7. LWCF STATE Assistance Program Manual Effective 10/01/2008 Table of Contents i CHAPTER 4 - PROPOSALS, ENVIRONMENTAL REVIEW AND FEDERAL.

2 COMPLIANCE 1. A. Proposal Development and Screening for Environmental Impacts 1. B. National Environmental Policy Act 1. C. National Historic Preservation Act, Section 106 Process 9. D. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 15. E. Equal Employment Opportunity Contract Compliance 24. F. National Flood Insurance Program 24. G. Civil Rights 26. H. Contracting with Minority Business Enterprise/Women Business Enterprise Firms 27. CHAPTER 5 - COST PRINCIPLES 1. A. General Cost Principles 1. B. Sponsor Financial Obligations 4. C. Allowable Costs 6. CHAPTER 6 - APPLICATION AND EVALUATION PROCEDURES 1. A. Prerequisites for Applying 1. B. Application Process 1. C. NPS Review Process 5. D. Amending Existing Projects 6. E. Withdrawal or Changes in Project Application 7. F. Project Numbering System 7. LWCF STATE Assistance Program Manual Effective 10/01/2008 Table of Contents ii CHAPTER 7 - PROJECT administration AND FINANCIAL MANAGEMENT 1. A. General Administrative Requirements 1.

3 B. Procurement Standards 5. C. LWCF Acknowledgement Signs 6. D. Performance/Financial Management and Reporting. 7. E. Payments 10. F. Audits 10. G. Project Termination/Grant Closeout 11. CHAPTER 8 - POST-COMPLETION AND STEWARDSHIP 1. A. Purpose 1. B. Operation and Maintenance 1. C. Availability to Users 1. D. Leasing and Concession Operations Within Section 6(f)(3) Areas 2. E. Conversions of Use 3. F. Underground Utility Easements and Rights-of-Way 12. G. Commercial Signage in Section 6(f)(3) Areas 12. H. Proposals to Construct Public Facilities 12. I. Requests for Temporary Non-Conforming Uses Within Section 6(f)(3) Areas 13. J. Sheltering Facilities within Section 6(f)(3) Areas 14. K. Obsolete Facilities 15. L. Significant Change of Use 15. M. Post-Completion Inspections 16. N. Penalties for Failure to Comply with Federal Laws and Regulations 17. LWCF STATE Assistance Program Manual Effective 10/01/2008 Table of Contents iii DEPARTMENT OF THE INTERIOR. NATIONAL PARK SERVICE.

4 LAND AND WATER CONSERVATION fund . STATE ASSISTANCE PROGRAM. FEDERAL FINANCIAL ASSISTANCE MANUAL. PREFACE. This manual sets forth the administrative procedures and requirements for Land and WATER CONSERVATION fund (LWCF) federal assistance (Catalog of Federal Domestic Assistance # ) to the states by the Department of the Interior, National Park Service (NPS). It supersedes the program's existing LWCF GRANTS MANUAL (NPS-34). It is also intended to serve as a basic reference for those who are engaged in the administrative, financial management and stewardship responsibilities of the LWCF STATE Assistance Program. It is the responsibility of the STATE , as primary grant recipient, to comply with these requirements and all terms and conditions of the grant agreement. The STATE 's responsibility cannot be delegated nor transferred. Participation in the LWCF STATE Assistance Program is deemed to constitute a public trust. As such, participants are responsible for the efficient and effective management of funds in accordance with the approved budgets, for promptly completing grant assisted activities in a diligent and professional manner, and for monitoring and reporting performance.

5 The procedures and requirements contained herein are subject to applicable federal laws and regulations, and any changes made to these laws and regulations subsequent to the publication of this manual. In the event that these procedures and requirements conflict with applicable federal laws, regulations, and policies, the following order of precedence will prevail: 1. Federal Law 2. The Code of Federal Regulations 3. Terms and Conditions of Grant Award 4. Land and WATER CONSERVATION fund STATE Assistance Program Manual The STATE bears primary responsibility for the administration and success of each grant, including performance by third parties under subagreements made by the STATE for accomplishing nonconstruction and construction project objectives. The provisions included herein shall also be applied by the STATE to subgrantees and contractors performing work under the LWCF STATE Assistance Program. LWCF STATE Assistance Program Manual Effective 10/01/2008 Preface 1. This edition of the LWCF STATE Assistance Program Manual supersedes all previous editions and amendments through Manual Release No.

6 151. Subsequent updates shall be distinguished by the effective date denoted within the footer appearing at the bottom of each chapter page. The Manual in effect at the time a grant is awarded governs the project except for post-completion requirements. A current version of the Manual can be found at the LWCF Website. A. Background The LWCF STATE Assistance Program was established by the LWCF Act of 1965 (Section 6, Land and WATER CONSERVATION fund Act of 1965, as amended; Public Law 88-578; 16 4601-4 et seq.) to stimulate a nationwide action program to assist in preserving, developing, and assuring to all citizens of the United states of present and future generations such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation. The program provides matching grants to states and through states to local units of government, for the acquisition and development of public outdoor recreation sites and facilities.

7 Grant funds are also available, to states only, for fulfilling the statewide comprehensive outdoor recreation planning requirements of the program. The LWCF program was administered by the Bureau of Outdoor Recreation (BOR) from its beginning in 1965 to 1978 when the Heritage CONSERVATION and Recreation Service (HCRS) was created. HCRS then administered the program until 1981 when the LWCF was transferred to the National Park Service. Since the origin of the program in 1965, over $ billion has been apportioned to the 50 states , the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the Virgin Islands for planning, acquisition, and development of outdoor recreation resources in the United states . More than 40,000 projects have been approved to assist STATE and local efforts to acquire land and develop facilities for public outdoor recreation purposes. The federal investment has been matched by STATE and local contributions for a total LWCF grant investment of over $ billion.

8 A LWCF-assisted park is located in over 98 percent of counties in the United states . The income for the LWCF is provided largely from Outer Continental Shelf mineral receipts. The amount available from the LWCF for STATE grants is determined by the annual Congressional appropriation process. This amount is supplemented by a guaranteed amount set aside each year in a special Treasury account from other qualified off-shore revenues pursuant to the Gulf of Mexico Energy Security Act, Public Law 109-432. B. Program Information LWCF grants are provided to the states , and through the states to local governmental jurisdictions, on a matching basis for up to fifty percent (50%) of the total project-related allowable costs for the acquisition of land and the development of facilities for public outdoor recreation and for fulfilling the program's planning requirements. Grants to eligible insular areas LWCF STATE Assistance Program Manual Effective 10/01/2008 Preface 2. (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands).

9 May be for 100% assistance. Appropriations from the LWCF may be made annually by Congress to the Secretary of the Interior who apportions the funds to the states . Payments for all projects are made to the STATE organization that is authorized to accept and administer funds paid for approved projects. Local units of government participate in the program as subgrantees of the STATE with the STATE retaining primary grant compliance responsibility. Each STATE must have a STATE Liaison Officer (SLO) appointed by the Governor or designated by the STATE legislature to administer the LWCF program at the STATE level. Information about the LWCF STATE Assistance Program including contact information for National Park Service Regional Offices can be found on the Web at or contact C. Internet Resources This manual contains references to many laws, regulations, forms, and other information sources relating to the LWCF STATE Assistance Program that are available on the Internet. Text in this manual with a dotted underscore indicates that further information is available on the Internet.

10 The following is a list of Web links for these resources and documents. Place your cursor over the desired reference and use the control + click function to follow the link. A. Administrative and Audit Requirements and Cost Principles for Assistance programs , 43 CFR 12. (Title 43-Public Lands: Interior, Part 12). Advisory Council on Historic Preservation (ACHP). Americans with Disabilities Act (ADA) of 1990, Public Law 100-336. Americans with Disabilities Act (ADA) Accessibility Guidelines at 28 CFR 36. Americans with Disabilities (ADA) Act Title II at 28 CFR 35. Appraisal Foundation Archeology and Historic Preservation Act as amended, Public Law 93-291. Architectural Barriers Act of 1968 (ABA) Public Law 90-480. Audit Requirements for STATE and Local Governments, OMB Circular A-133. LWCF STATE Assistance Program Manual Effective 10/01/2008 Preface 3. C. Catalog of Federal Domestic Assistance (CFDA) # Civil Rights Act of 1964 Title VI. 28 CFR (b)(2). Community Development Block Grants (CDBG).