2024_LWCF_APPLICATION_GUIDELINES_-_FINAL_PDF.pdf

LAND & WATER CONSERVATION FUND

2024 APPLICATION GUIDELINES

Updated July 2023

Office of Recreation, Grants & Policy 1205 Pendleton Street, Suite 225

Columbia, SC 29201

(803) 734-1658

TABLE OF CONTENTS

Introduction 3

Application Process 4

Eligible Agencies 5 Eligible Projects 5 Ineligible Projects 6 Land Tenure 6 Build America, Buy America 6 Contingency Costs 7 Grant Amounts and Project Match Information 7 Grant Period 8 Post-Completion and Stewardship 8 Tentative 2024 LWCF Schedule 9 Open Project Selection Process & Scoring Criteria 9 Environmental & Other Application Requirements 10

Forms & Instructions 11

Related Web Links 13

Appendices Appendix A – 2024 LWCF Scoring Criteria

Appendix B – LWCF Financial Assistance Manual, Chapter 4 Proposals, Environmental Review and Federal Compliance Appendix C – NPS NEPA Handbook Appendix D – Application and Revision Form (A&R) Appendix E – Guidelines for Developing LWCF Area Boundary Maps

The South Carolina Department of Parks, Recreation & Tourism does not discriminate on the basis of race, color, sex, national origin, age or disability in its programs and activities. If anyone believes he or she has been subject to discrimination on the basis of race, color, sex, national origin, age or disability, he or she may file a complaint alleging discrimination with the South Carolina Department of Parks, Recreation & Tourism, 1205 Pendleton St., Columbia, SC 29201.

INTRODUCTION

The Land & Water Conservation Fund (LWCF) is a Federal grant program funded through the US National Park Service (NPS) that provides matching grants to States and local governments for the acquisition and development of public outdoor recreation areas and facilities. The program is intended to create and maintain a nationwide legacy of high quality recreation areas and facilities, and to stimulate non-federal investments in the protection and maintenance of recreation resources across the United States.

Projects funded through this program must be restricted in perpetuity to outdoor recreation use and no changes may be made to the property without the express written permission of the Secretary of the US Department of the Interior.

The South Carolina Department of Parks, Recreation & Tourism (SCPRT) administers the LWCF program. SCPRT allocates LWCF monies to individual projects through a competitive grant cycle held once every two years, and establishes procedures and guidelines for the administration of the funds. SCPRT staff serves as the liaison between your governmental organization, the State, and the National Park Service (NPS). Project Sponsors normally have no direct contact with NPS, and you should direct all questions concerning your particular project to the SCPRT staff.

Since 1965, South Carolina has invested over $60 million of LWCF in approximately 1,185 land acquisition and recreational facilities projects. Since the properties are restricted to outdoor recreation in perpetuity, there are a lot of old or now obsolete LWCF facilities around the state.

SCPRT will continue to focus primarily on projects that will address existing LWCF properties.

Eligible activities include repurposing of parks to meet current community needs, renovations to existing facilities, and development of new support facilities. However, the 2024 grant round will also accept project applications for new parks and existing parks not previously assisted with LWCF. In order for a new park project to qualify for funding, the sponsor will have to show, during an on-site inspection, that their existing LWCF properties are in good shape and being used appropriately. If there are issues with any LWCF properties, you will be asked to apply instead to correct the problems. Acquisition projects also will be open to new parks.

New for this grant cycle, all projects with total project costs of $250,000 and above (inclusive of both the federal and non-federal share) must meet all requirements of the Build America, Buy America (BABA) Act. Projects with total project costs of under $250,000 may be waived from the BABA requirements.

This guideline is designed to help you understand and complete the application process for your LWCF project. Careful attention should be given to the information presented in this guideline, since deviations from these guidelines may jeopardize your application. Please note that your project application must be “complete” by the application deadline for your project to be considered for funding. If your project is funded, it is your responsibility to ensure that you comply with all current federal, state, and local laws. Failure to do so may result in the disallowing of costs for reimbursement or the termination of your grant.

APPLICATION PROCESS

Applicants must submit a Land & Water Conservation Fund 2024 Pre-Application in the grant management system, Webgrants, (https://scparks.webgrantscloud.com/index.do) along with the required documentation for SCPRT to be able to determine eligibility to apply. You may not be eligible to submit an application if:

• You have an open LWCF grant (State agencies may not apply for a specific park/site that has an open LWCF grant).

• You have any unresolved LWCF or RELT conversion issues.

• You have any outstanding fiscal or compliance issues with any RTP, RELT or PARD grant.

Applicants will be notified by SCPRT as to whether they qualify and provided access to fill out a final application in Webgrants. Qualifying applicants will be provided instructions for submitting the application.

All application requirements must be complete for your project to be considered in the competitive process, including State Historic Preservation Office (SHPO) clearance, SC Tribal Historic Preservation Office (THPO) clearance, the Application and Revision (A&R) Form (NPS Form 10-904), copy of deed to property (development projects only) and the Environment Assessment (if needed).

Submitted applications must be complete, including all required information and documentation, in order to be reviewed and scored.

If you have any questions or need assistance, please contact Debbie Jordan, Alternate State Liaison Officer, at (803) 734-1658 or djordan@scprt.com.

ELIGIBLE AGENCIES

Only the following units of local government are eligible to apply for LWCF grants:

• Counties

• Cities

• Special Purpose Districts with authority to acquire, develop, operate, and maintain public park and recreation areas

• Eligible State Agencies designated by law.

Note: An eligible local government applicant may submit only one project application during any LWCF cycle and that project must be located within the applicant’s legal boundaries.

PROJECT CRITERIA

The LWCF is limited to outdoor public recreation, and to indoor facilities which support adjacent outdoor public recreation activities. Before a project can be considered, all of the following conditions must be satisfied:

https://scparks.webgrantscloud.com/index.do mailto:djordan@scprt.com

1. The project must meet the eligibility requirements of the LWCF, the program criteria established by SCPRT, and be consistent with goals identified in the 2019 South Carolina Comprehensive Outdoor Recreation Plan (SCORP).

2. The applicant must have proof of the availability of the eligible funds to meet the total cost of the project by the application deadline. Units of local government will be required to submit a resolution signed by their Council committing any local funds to be used as a match.

Applicants must submit a signed statement that the total project funds are readily available and not restricted or encumbered in any way that would prevent their use for the project.

3. Local governments and districts must have fee title to any lands necessary for development projects so that the lands may be protected for outdoor recreation in perpetuity. State agencies must have fee title or, if the property has been previously assisted with LWCF, a 25-year or longer lease from a Federal agency or a FERC-regulated entity.

ELIGIBLE PROJECTS

LWCF funds can be used for Acquisition or Development Projects, or a combination. The project sponsor shall comply with all applicable current federal and state laws and regulations affecting Acquisition and Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.

Applicants may not take title to project lands, or begin construction until the grant award is fully executed. Any such action, prior to SCPRT and NPS approval, is at the participant’s own cost and will not be reimbursable by the grant.

Acquisition Projects Acquisition Projects shall be for public outdoor recreation. Acquisition must be of fee title that will allow the restriction of use in perpetuity. All acquisitions must comply with federal law; specifically, they must be done in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §4601 et seq. This act provides for the uniform and equitable treatment of persons displaced from their homes, businesses, or farms, and establishes uniform and equitable land acquisition policies for federal and federally assisted programs.

The applicant, at its own expense, will be required to have an appraisal prepared conforming to Uniform Appraisal Standards for Federal Land Acquisitions (see Appendix B, Section D7). The appraisal must also be reviewed by an SCPRT-appointed independent review appraiser (also at the applicant’s expense) who must certify that the appraisal meets UASFLA standards. The appraisal must be submitted with the application and the review of the appraisal must be received by SCPRT prior to final funding approval. The applicant may not apply for more than half of the appraised value of the property, or the grant maximum, whichever is less.

Development Projects Eligible activities shall include the construction of new and/or renovation of existing facilities for outdoor recreation. Associated support facilities and infrastructure such as lighting, parking, roads, water/sewer, restrooms, etc. are eligible. Certain indoor facilities which support outdoor recreation activities in the project area may be eligible, e.g. visitor information kiosks, restrooms, buildings that interpret resources of the project area. However, please consult with SCPRT first if you are considering any indoor facilities.

INELIGIBLE PROJECTS

• Restoration or preservation of historic structures

• Construction of employee residences

• Interpretive facilities which go beyond interpreting the project site and its immediate surrounding area

• Development of convention facilities

• Commemorative exhibits and monuments

• Construction of facilities marginally related to outdoor recreation

• Indoor facilities such as community centers, senior centers and gymnasiums

• Facilities used primarily for spectator sports

LAND TENURE

Property acquired or developed under the LWCF program must be restricted to public outdoor recreation use in perpetuity. The area to be restricted is identified on the LWCF Boundary Area map submitted by the applicant.

The Applicant must have adequate land tenure by the application deadline (applies to Development Projects only). Adequate tenure consists of:

• For all non-State applicants, fee title without encumbrances that would have an adverse effect on the project.

• For State applicants, either fee title or, for a previously LWCF-assisted property, a fully executed, 25-year (or longer) lease from the date of application from a federal agency or a FERC-regulated entity that owns the land being developed.

BUILD AMERICA, BUY AMERICA (BABA) REQUIREMENTS

As required by the Build America, Buy America Act of the Infrastructure Investment and Jobs Act, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured projects used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The BABA preference only applies to articles, material, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a BABA preference apply to equipment and furnishing such as moveable changer, desk, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed o the infrastructure project.

“Construction materials” includes an article, material, or supply that is or consists primarily of:

• Non-Ferrous metals

• Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

• Glass (including optic glass)

• Lumber

• Drywall

“Construction materials” does not include cement and cementitious materials, aggregates such as stone, sand or gravel or aggregate binding agents or additives.

All projects that have total project costs exceeding $250,000 (inclusive of both the federal and non-federal share) must meet all requirements of BABA. Projects with total project costs not to exceed $250,000 may be waived from BABA requirements, but will be discussed with each applicant individually during the application process to determine if a project meets the requirements of a waiver.

CONTINGENCY COSTS

NPS notes that contingencies are generally considered reasonable if they are 10-15% of construction costs or less. If project sponsors are confident enough in their estimates and can provide a methodology, including an explanation in what cost categories the contingency may apply, NPS may consider the contingency allowable, per 2 CFR 200.433(b).

If the contingency amount is not needed for its allocated cost category, the funds may not be reprogrammed to other project costs without State and NPS approval.

GRANT AMOUNT/PROJECT MATCH INFORMATION

What is the maximum grant amount?

The LWCF program allocations received from the Federal Government varies each year. During the 2024 funding cycle, the maximum grant will be $300,000. The minimum request will be $50,000. These and other threshold criteria may be waived to benefit the South Carolina LWCF Recreational Estate at the discretion of the State Liaison Officer or the Director of SCPRT.

What is the LWCF Match?

The required match is one applicant dollar to one federal dollar for all LWCF grants. (Example: If you request a $50,000 grant, you must match it with at least $50,000, for a total project of $100,000.) This is a reimbursement program. The project sponsor is expected to finance the entire project. Up to 50% of the actual approved project expenditures up to the grant amount will be refunded when the project has been completed. The project sponsor’s original estimate of the project costs will determine the support ceiling. Project sponsors should allow for cost increases.

Sponsors may provide a higher portion of the match so that LWCF provides less than 50% of the project. Project costs will be reimbursed at the percentage listed in the signed Project Agreement.

What can I use to match an LWCF grant?

The applicant may include cash tax sources, state grant funds (i.e. PARD), federal Community Development Block Grant or Recreational Trails funds. No other federal funds may be used to match a LWCF grant. Donated real property used as all or part of the matching share must meet federal appraisal standards and be acquired during the project’s grant period.

The federal American Rescue Plan Act (ARPA) cannot be used as match for the LWCF Program.

Project Sponsors will be required to sign agreements acknowledging that ARPA funds cannot be used as matching funds.

If awarded a grant, when will LWCF funds be available?

Funds are committed to a project after an agreement has been completed between NPS and SCPRT, and a Project Agreement (grant contract) has been executed between SCPRT and the project sponsor. Project sponsors cannot commence work on a project, even after notification of a successful application, without a fully executed contract. Average approval timeframe from application submittal to NPS approval is approximately 12 months.

GRANT PERIOD

Projects are allowed a 24-month grant period and must begin within 6 months of the signed Project Agreements. Project sponsors must complete the LWCF-assisted project as quickly as possible within the grant period and the park/facility must be open to the public at the end of the grant period. Failure to complete the project in the original 24-month grant period may affect the sponsor’s ability to receive future grant funding from SCPRT.

POST-COMPLETION AND STEWARDSHIP

Post-completion compliance responsibilities apply to each area or facility for which LWCF assistance is obtained, regardless of the extent of program participation in the assisted area or facility. This includes:

1. The property shall be maintained so as to appear attractive and inviting to the public.

2. Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards.

3. Any outdoor recreation facilities should comply with all State and Federal legislation (e.g., 42 U.S.C. § 6901 et. seq. and the National Institute for Occupational Safety and Health (NIOSH) as required and compliance will be indicated by signs posted in visible public areas, statements in public information brochures, etc.

4. Properties shall be kept reasonably open, accessible, and safe for public use. Fire prevention, lifeguard, and similar activities shall be maintained for proper public safety.

5. Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use.

6. The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility.

7. A posted LWCF acknowledgement sign shall remain displayed at the project site.

TENTATIVE 2024 LWCF SCHEDULE

• Request for Pre-Applications August 7, 2023

• Deadline for Pre-Applications September 20, 2023 (4:00 pm)

• Release Applications in Webgrants September 27, 2023

• Mandatory Application Workshop October 2023

• Applications Due December 15, 2023 (by 4:00 pm)

• Application Reviews December 18, 2023 - February 2, 2024

• Application Review Deadline February 2, 2024

• Fixed Criteria Reviews Early February 2024

• Applications to NPS for review April 1 – July 15, 2024

• Submit to grants.gov June 16 – July 29, 2024

• NPS Approval of Projects September 2024

• Fiscal Briefing/Signed Grant October 2024

Agreements

OPEN PROJECT SELECTION PROCESS

To ensure public participation and fairness in the awarding of LWCF grants and to better address priority outdoor recreation needs, Federal Guidelines require each state to develop its own Open Project Selection Process (LWCF Manual, Chapter 2B). This OPSP includes a scoring system which considers the quality and feasibility of the grant proposal in relation to goals and priorities established by the State and SCPRT through the Statewide Comprehensive Outdoor Recreation Plan (SCORP). The Open Project Selection Process is designed to provide opportunities for eligible entities to learn about the LWCF program and to request applications from SCPRT for funding assistance.

All eligible projects will be scored and ranked based on the currently approved guidelines by a panel appointed by SCPRT. Projects must meet a minimum score in order to be funded. Grants will be awarded, starting with the highest score, to those projects receiving a fundable score until the funding runs out (see Appendix A).

ENVIRONMENTAL & OTHER APPLICATION REQUIREMENTS

CULTURAL RESOURCES REVIEW

All federally assisted projects must be reviewed for their potential impact on cultural resources.

You are required to submit an application with all required documentation to the South Carolina Department of Archives & History - State Historic Preservation Office (SHPO) and submit the clearance document with your LWCF application package. Anticipate a review period of at least one month. If significant historic, archaeological, or architectural resources are probable, a survey of the area will be necessary. This review must be completed prior to any earthwork at the site or destruction or alteration of existing structures. The SHPO must approve the cultural resources report before the LWCF Application Deadline. If significant resources do exist, your site may be eligible for inclusion in the National Register of Historic Places. If this is the case, the SHPO staff will request a Determination of Eligibility for inclusion of your project site on the National Register.

You will also need to submit your project information to the South Carolina Tribal Historic Preservation Office (THPO) and submit the clearance document with your LWCF application package. Anticipate a review period of at least one month. The information that you need to submit is located under State Forms.

NEPA COMPLIANCE

This federal assistance program requires compliance with the National Environmental Policy Act (NEPA). All LWCF Project proposals must be assessed for their environmental effect by NPS, normally including an Environmental Assessment (EA). Complete Instructions for NEPA requirements and process are found in Appendices B & C. The majority of proposed LWCF projects on new sites requires an Environmental Assessment and must be completed prior to the application being submitted. Applications without a completed Environmental Assessment will not be scored. You must also complete the highlighted areas on the NPS Form 10-904, Application & Revision Form (see Appendix D).

Projects in existing LWCF parks may qualify for a Categorical Exclusion and not may require an EA (see Appendix B, Section B6). You must complete the highlighted areas on the NPS Form 10-904, Application & Revision Form first to determine this (see Appendix D). Please consult with SCPRT early in your environmental process to ensure that you are only doing the environmental work required.

FLOOD INSURANCE

The Flood Disaster Protection Act of 1973 (P.L. 93-234) requires the purchase of flood insurance as a condition of receiving any Federal financial assistance for acquisition or construction purposes in special flood hazard areas located in any community currently participating in the National Flood Insurance Program authorized by the National Flood Insurance Act of 1968. These special flood hazard areas are identified by the Flood Insurance Administration of the Federal Emergency Management Agency.

If your development project is in a special flood hazard area and the structures to be erected are in excess of $10,000, you must submit a statement that flood insurance has or will be obtained in the amount at least equal to the value of the insurable developments, or the maximum allowable limit of coverage made available for the particular type of property by the National Flood Insurance Act of 1968. You must also include a copy of Flood Hazard Boundary Map, number, and effective date.

FORMS & INSTRUCTIONS

Hard copies and instructions for the forms you will need to submit with your LWCF application follow. Please note that many federal forms have been updated since the last LWCF grant round. Check to see if there is an expiration date on the form to assure that you are using the most recent version.

FEDERAL FORMS

Application & Revision Form (NPS Form 10-904): You must fill out the highlighted areas of the A&R Form and submit with your application (see Appendix D). This document must be submitted in Microsoft Word format.

National Environmental Policy Act (NEPA) Requirements: For guidance on NEPA requirements, environmental assessments and environmental impact statements, consult the LWCF Financial Assistance Manual, Chapter 4 (see Appendix B) and the National Park Service NEPA Handbook (see Appendix C).

https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol-71-3-11-2021-final.pdf

Categorical Exclusions: Projects taking place in existing LWCF parks may qualify for a Categorical Exclusion and not require an Environmental Assessment. Before selecting a categorical exclusion (CE), complete the highlighted areas of the A&R Form for the LWCF proposal to support the CE selection. Categorical Exclusions in the NPS NEPA Handbook can be found at the link below, Section 3.3 (or see Appendix C, pages 33 – 38).

https://www.nps.gov/subjects/nepa/upload/NPS_NEPAHandbook_Final_508.pdf

Build America, Buy America Act Requirements:

https://www.doi.gov/grants/buyamerica

STATE FORMS

State Historic Preservation Office (SHPO): The review must be completed with comments received for submittal with your grant application. The State Historic Preservation Office project review form is available at:

https://scdah.sc.gov/sites/default/files/Documents/Historic%20Preservation%20(SHPO)/Program s/Programs/Review%20and%20Compliance/Section-106_Project_Review_Form.pdf

More information is available at: https://scdah.sc.gov/historic-preservation/programs/review-compliance/section-106-process

Tribal Historic Preservation Office: Information and requirements for the Section 106 review is found at:

https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol-71-3-11-2021-final.pdf https://www.nps.gov/subjects/nepa/upload/NPS_NEPAHandbook_Final_508.pdf https://www.doi.gov/grants/buyamerica https://scdah.sc.gov/sites/default/files/Documents/Historic%20Preservation%20(SHPO)/Programs/Programs/Review%20and%20Compliance/Section-106_Project_Review_Form.pdf https://scdah.sc.gov/sites/default/files/Documents/Historic%20Preservation%20(SHPO)/Programs/Programs/Review%20and%20Compliance/Section-106_Project_Review_Form.pdf https://scdah.sc.gov/historic-preservation/programs/review-compliance/section-106-process https://scdah.sc.gov/historic-preservation/programs/review-compliance/section-106-process https://scdah.sc.gov/historic-preservation/resources/native-american-heritage/federal-and-state-recognized-native

The SHPO and THPO review may take 30 days or longer.

MISCELLANEOUS DOCUMENTATION

FLOOD INSURANCE STATEMENT (if applicable):

If your project development is in a special flood hazard area, and the structures to be erected will be in excess of $10,000, then the project sponsor must submit a statement confirming that flood insurance has or will be obtained in an amount at least equal to the value of the insurable developments or the maximum allowable limit of coverage made available for the particular type of property by the National Flood Insurance Act of 1968.

APPRAISALS (Acquisition Projects Only):

The applicant must provide an appraisal of the property to be acquired with LWCF funds with the application. The appraisal, also known as a “Yellow Book” appraisal, must conform to the Uniform Appraisal Standards for Federal Land Acquisitions. The applicant must pay for appraisal at its expense and will also be required to reimburse SCPRT for the cost of an Appraisal Review, regardless of whether the project is funded. (See Appendix B, Section D7.)

https://scdah.sc.gov/historic-preservation/resources/native-american-heritage/federal-and-state-recognized-native https://scdah.sc.gov/historic-preservation/resources/native-american-heritage/federal-and-state-recognized-native

RELATED LINKS

For National Park Service/LWCF information: http://www.nps.gov/lwcf

LWCF Act of 1965:

https://www.nps.gov/subjects/lwcf/congressionalacts.htm

36 CFR Part 59: Post Completion Compliance Responsibilities https://www.nps.gov/subjects/lwcf/protection.htm

Office of Management and Budget (OMB) Circulars:

https://www.whitehouse.gov/omb/information-for-agencies/circulars/

Administrative and Audit Requirements and Cost Principles for Assistance Programs

(43CFR12):

https://www.govinfo.gov/app/details/CFR-2004-title43-vol1/CFR-2004-title43-vol1-part12

ADA Accessibility Guidelines:

https://www.access-board.gov/guidelines-and-standards

Department of Interior Regulations on Section 504 of the Rehabilitation Act:

https://www.bia.gov/sites/bia.gov/files/assets/public/raca/national_policy_memoranda/pdf/NP M-EDUC-33A1_Section-504-A1_FINAL_Signed_508.pdf

Catalog for Federal Domestic Assistance (CFDA # 15.916) For Details on LWCF

And other Federal Grant Programs:

https://sam.gov/content/home

Uniform Relocation Act (49 CFR Part 24):

https://www.fhwa.dot.gov/real_estate/policy_guidance/non_regulatory_supplement/index.cfm

State Comprehensive Outdoor Recreation Plan (SCORP):

www.scprt.com/recreation/statewide-comprehensive-outdoor-recreation-plan

Land Appraisals (Acquisition Projects Only): LWCF Financial Assistance Manual, Chapter 4, Section D (pages 55-64):

https://www.nps.gov/subjects/lwcf/upload/LWCF-FA-Manual-Vol-71-3-11-2021-final.pdf

Post-Completion and Stewardship: LWCF Financial Assistance Manual, Chapter 8, pages 98 – http://www.nps.gov/lwcf https://www.nps.gov/subjects/lwcf/congressionalacts.htm https://www.nps.gov/subjects/lwcf/protection.htm https://www.whitehouse.gov/omb/information-for-agencies/circulars/ https://www.govinfo.gov/app/details/CFR-2004-title43-vol1/CFR-2004-title43-vol1-part12 https://www.access-board.gov/guidelines-and-standards https://www.bia.gov/sites/bia.gov/files/assets/public/raca/national_policy_memoranda/pdf/NPM-EDUC-33A1_Section-504-A1_FINAL_Signed_508.pdf https://www.bia.gov/sites/bia.gov/files/assets/public/raca/national_policy_memoranda/pdf/NPM-EDUC-33A1_Section-504-A1_FINAL_Signed_508.pdf https://sam.gov/content/home https://www.fhwa.dot.gov/real_estate/policy_guidance/non_regulatory_supplement/index.cfm http://www.scprt.com/recreation/statewide-comprehensive-outdoor-recreation-plan

Appendix A

LWCF Scoring Criteria

1. Level of Park and Recreation Services: SCPRT staff will use the applicant's current Park and Recreation Development Fund (PARD) Classification.

Class A = 25 points Class B = 20 points Class C = 15 points Class D or None = 10 to 0 points

2. Last LWCF Grant awarded to the Property being assisted: SCPRT staff will provide the date of the applicant’s last LWCF grant award to the park.

1965 - 1975 = 20 points 1976 - 1986 = 15 points 1987 - 1997 = 10 points 1998 - 2008 = 8 points 2009 – 2014 = 6 points 2015 - 2019 or never assisted = 4 points

3. Grant Administration and Park History: SCPRT grant staff will evaluate the applicant’s track record for administering grants, post-grant compliance and the on-going maintenance of existing parks.

0 to 25 points

Bonus Points:

Donated Land: SCPRT staff will review if the applicant is using donated land value as a part of the required match. The donated land must be “accepted” according to LWCF requirements and the donation must occur during the approved project period or the project sponsor must previously have received a waiver of retroactivity from SCPRT and the National Park Service.

50% - 100% of match = 10 points 1 – 49% = 5 points

Regional and Statewide Usage: SCPRT staff will review how the project contributes to enhancing a resource that attracts significant day-to-day participation from persons who live at least 50 miles away. Please understand that the site is to be the attraction and not the subsequent programming. Applicants must to provide user/beneficiary numbers and their methodology for determining those numbers.

Statewide significance = 10 points Regional significance = 5 points

4. SCORP Priorities: Projects receive points based on the priorities of the current State Comprehensive Outdoor Recreation Plan (SCORP).

Acquisition Projects Points

Acquisition of adjacent property that expands an existing LWCF park 30 (max)

Acquisition of land for a new park 15

Development Projects Points

Repurposing an existing LWCF property to meet the current recreational needs of the community 30 (max)

Development of new support facilities at an existing LWCF property to include restrooms, utilities, parking areas, maintenance facilities and roads 25

Renovations to existing facilities/infrastructure, including improvements to accommodate persons with disabilities and all age groups, at an existing LWCF property 20

Development of a new park or an existing non-LWCF park 15

5 bonus points may be given by SCPRT staff to projects meeting one of the above criteria that also enhances the enjoyment/access to the Atlantic Ocean or provides lake/river access

5. Leveraging and Collaboration: Projects will be reviewed for their partnerships and collaboration, especially with the private sector.

Private sector partner(s) involved and providing funding 30 points Private sector partner(s) involved 25 points Public sector partner(s) involved and providing funding (other than applicant) 20 points Public sector partner(s) (other than applicant) 15 points Only applicant involvement 10 points

6. Planning and Public Review: Projects will be graded solely on the basis of the materials submitted with the application and not on any personal knowledge the reviewers may have about the project.

Documentation of the use of professionals such as architects, engineers and planners, and/or the solicitation of assistance from governmental agencies, private industry or special interest groups to assist in planning/developing the project.

0 to 30 points

Documentation of public meetings, committee meetings, surveys, comprehensive plans, master plans, or other means used to determine the feelings of the community toward this project.

0 to 20 points

7. Project Feasibility: The project will be scored based on the information provided in the application’s narrative, budget and timeline.

Proof of budget sufficient to carry out project 0 or 5 points

Timeline is reasonable & sufficient to complete activities within 24 months 0 or 5 points

Outcomes are sustainable and necessary ongoing resources are 0 or 5 points are committed

Activities can reasonably be expected to result in proposed outcomes 0 or 5 points

8. Environmental Clearances and Project Readiness: Projects are subject to the National

Environmental Protection Act requirements. The reviewers will use the PD/ESF in the application to determine this score.

0 to 15 points

Maximum score possible (excluding bonus points): 215 points

Minimum score for funding (70% of max): 150 points

LWCF Financial Assistance Manual Effective 03/11/2021 Chapter 4 – Page 40

CHAPTER 4 - PROPOSALS, ENVIRONMENTAL REVIEW AND FEDERAL

COMPLIANCE

A. Proposal Development and Screening for Environmental Impacts

States are responsible for ensuring, on behalf of the NPS, that proposals submitted to the NPS for federal decision, including new applications and amendments for post-completion compliance and stewardship, are developed in accordance with all applicable federal, State, and local laws and regulations. This chapter presents the major federal laws and executive orders that govern the way proposals must be developed for federal review and decision. The LWCF General Provisions shall be attached to each LWCF grant agreement and amendment. States are encouraged to consult with the NPS during the proposal development process for guidance on the compliance requirements in this chapter.

The federal legislation that coordinates the consideration of the potential for impacts to the human environment as a result of a federal action is the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. §§ 4321-4347). The federal legislation that requires consideration of effects of federal undertakings on historic properties is Section 106 of the National Historic Preservation Act (NHPA) of 1966 (54 U.S.C. § 300101 et seq.), as amended, and implemented in Advisory Council on Historic Preservation (ACHP) regulations at 36 C.F.R.

Part 800. The NEPA and NHPA Section 106 serve a similar purpose: helping Federal decision-makers understand the potential consequences of their proposed actions to make informed choices.

As described in the next section, the NEPA process coordinates compliance with applicable related federal, State, and local environmental requirements. To facilitate and document this coordination, States must ensure that the A&R Form (new grants and amendments) or C&S Form (post-grant completion compliance) is completed and accompanies each LWCF proposal submitted for federal review and decision.

The A&R and C&S Forms contain a narrative section to identify and provide descriptive information about the proposal to the federal decision-maker.

The Environmental Resources Survey (ERS; formerly the environmental screening form or ESF) portion of both forms helps support a chosen NEPA “pathway” and must be completed before final action can be taken by the NPS. States/project sponsors should use the A&R or C&S Form as early as possible in the State/local project planning process. The ERS helps administratively document a CE recommendation or the necessity of further environmental review through an Environmental Assessment (EA) or Environmental Impact Statement (EIS). In the latter case, the EA (or EIS) must accompany the State’s LWCF proposal submission to the NPS. The ERS can also be used to document previously conducted yet still valid environmental analysis.

Upon the State’s submission of the completed proposal with the applicable form and the completed environmental documentation as necessary, the NPS will undertake an independent review of the final proposal and supporting documentation and take action as appropriate.

Appendix B

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B. National Environmental Policy Act

1. Authorities and guidance. NEPA requires all federal agencies to consider the environmental impacts of proposed federal actions and alternatives on the human environment. NEPA is a procedural statute; it does not mandate a substantive result.

Rather, the goal of NEPA is to ensure public participation and informed decision making.

NEPA requires all federal agencies to: 1) analyze the impacts of and alternatives to proposed “major federal actions”; 2) use the analysis in deciding whether to proceed with the proposed actions; and, 3) involve the interested and affected public before any decision affecting the human environment is made.

Federal actions are defined as projects, activities, or programs funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out by or on behalf of a federal agency; those carried out with federal financial assistance; those requiring a federal permit, license, or approval; and those subject to State or local regulation administered pursuant to a delegation or approval by a federal agency. The LWCF is a federal assistance program and thus all NPS LWCF decisions are subject to the provisions of NEPA and associated guidance found in:

a. The Council on Environmental Quality (CEQ) Regulations for Implementing NEPA, 40 C.F.R. Parts 1500-1508;

b. Forty Most Asked Questions Concerning CEQ's National Environmental Policy Act Regulations, CEQ;

c. DOI NEPA regulations, 43 C.F.R. Part 46;

d. DOI policy and procedures for implementing NEPA (Departmental Manual Series 31, Part 516, Chapter 12);

e. NPS Director’s Order #12, “Conservation Planning, Environmental Impact Analysis, and Decision Making.” and National Park Service NEPA Handbook (2015); and,

f. NPS, LWCF Program Manual, Chapter 4 (this chapter), including the A&R and the C&S Forms.

2. Compliance coordination. For LWCF proposals, the NEPA process coordinates compliance with related federal, State, and local environmental requirements as applicable.

At a minimum, compliance by the State/project sponsor with the following federal laws and executive orders shall be coordinated during the NEPA process and should be integrated into the NEPA document:

a. NHPA Section 106. Section 106 of the NHPA (54 U.S.C. § 306108) requires federal agencies to consider the effects of their undertakings on historic properties and to provide the ACHP with a reasonable opportunity to review and comment on them.

The Section 106 process must be completed before the NPS can finalize its NEPA compliance. If the project sponsor has prepared an EA or an EIS, a summary of the

LWCF Financial Assistance Manual Effective 03/11/2021 Chapter 4 – Page 42 process, any mitigation measures, and findings developed as part of the Section 106 consultation process must be included in the final EA or EIS document before the NPS can sign a finding of no significant impact (FONSI) or a record of decision (ROD).

See Section C of this chapter for further guidance on the Section 106 process.

b. Section 7 of the Endangered Species Act (ESA). The ESA (16 U.S.C. §1531 et seq.)

requires a federal agency to consult with the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) on “any action authorized, funded, or carried out by such agency” that may affect endangered or threatened species or that may result in the destruction or adverse modification of critical habitat. Thus, consistent with ESA Section 7(a)(2) the NPS must ensure that any funding authorized for LWCF purposes is not likely to result in jeopardy or adverse modification.

Implementing regulations for inter-agency coordination are available at 50 C.F.R. Part 402; the Endangered Species Act Consultation Handbook (1998) (available on the Web) also provides guidance.

The State/project sponsor is responsible for beginning the process and providing associated documentation to the NPS with the grant application package. The USFWS IPaC system can generate an official species and critical habitat list that may be within the “action area,” defined in ESA implementing regulations as the “area to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action”. This list is considered official correspondence from the USFWS, so if there are no listed species or critical habitat in the action area that list can be used to demonstrate that the action will have no effect on listed species or critical habitat, and compliance with the ESA is complete. However, because IPaC does not address species for which NMFS has sole jurisdiction, further research may be required.

For projects involving in-water work along the coast (including the Gulf of Mexico and Puget Sound) and in streams or rivers with the potential to affect anadromous fish, the applicant should also check the NMFS’s Essential Fish Habitat database to see whether there are specific species or habitat under NMFS’s jurisdiction within the project area. When consulting this resource, it is important to note that there are some regions of the country for which an alternate database address is provided and should be used instead.

If there are ESA-listed species and/or critical habitat that may be affected by the project (i.e., within the “action area”), the State/project sponsor should coordinate with the NPS about next steps required for consultation with the USFWS and/or NMFS, including whether adverse effects to the species and/or critical habitat seem likely or not. If an EA or an EIS is required for the project, the EA/EIS may provide sufficient information to serve as the NPS’s request to initiate formal consultation pursuant to the ESA implementing regulations at 50 C.F.R. § 402.14(c), provided it is determined that the action “may affect” a listed species and/or critical habitat. If a separate information package is prepared pursuant to 50 C.F.R. § 402.14(c), it must be part of any NEPA document.

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c. Floodplain Management and Wetland Protection, Executive Orders 11988 and 11990.

Executive Orders 11988 and 11990 direct the federal agency to avoid, to the extent possible, the long- and short-term adverse impacts associated with modifying or occupying floodplains and wetlands. They also require the federal agency to avoid direct or indirect support of floodplain or wetland development whenever there is a practical alternative. For LWCF purposes, the State/project sponsor must comply with this executive order. If implementing the LWCF project would result in an adverse impact to a federal or State regulated floodplain or wetland, a statement of findings must be included in the EA or EIS documenting the State/local sponsor’s coordination efforts with responsible State and federal authorities; a description of affected floodplain and wetland resources; alternatives considered to developing in the floodplain and/or wetland; and actions to avoid, minimize and/or mitigate impacts.

d. Environmental Justice in Minority and Low-Income Populations, Executive Order 12898. Executive Order 12898 directs federal agencies to assess whether their actions have disproportionately high and adverse human health or environmental effects on minority and low-income populations. For LWCF purposes, States/project sponsors must specifically analyze and evaluate the impact of the LWCF proposal on minority and low-income populations and communities, as well as the equity of the distribution of the benefits and risks of the decision in the NEPA document. If it does not apply, this should be noted in the "issues dismissed" section of the NEPA document.

e. Secretary’s Order 3175 and ECM 95-2. Secretary’s Order 3175 and ECM 95-2 require bureaus to explicitly address environmental impacts of their proposed actions on Indian Trust Resources in any environmental document.

f. Intergovernmental Review of Federal Programs, Executive Order 12372. For States that have selected to review the LWCF Program under their own Intergovernmental Review Process under Executive Order 12372, States may use this process for State and local government coordination and review of proposed federal financial assistance.

States may make efforts to accommodate State and local elected officials’ concerns and comments that are communicated through the designated single point of contact process. Comments should be considered in a timely manner during the NEPA process and prior to submission to the NPS. The Intergovernmental Review Process does not fulfill the State’s/project sponsor’s responsibility for providing a public comment period (see Section 6.b(2) below) that provides the interested and affected public opportunity to comment on the completed environmental review documents.

3. State responsibility. Using the A&R Form for new applications and amendments or the C&S Form for post-grant completion actions, the State must submit to the NPS adequate environmental documentation in order for NPS to determine whether a proposed LWCF action is either categorically excluded from further environmental analysis or requires an EA or an EIS. States are responsible for coordinating the environmental review process including the production of EAs, and if necessary, EISs. States are also responsible for ensuring the required public comment periods are offered in accordance with the guidance found in Section 6.b(2) below.

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The CEQ encourages federal and State agencies to work together to combine efforts to produce only one NEPA document, especially for those State and local agencies that have their own requirements for impact analysis. Early coordination is critical prior to the investment of extensive planning resources and the commitment to a specific alternative.

State and local environmental impact analysis requirements may not meet the same needs as NPS LWCF requirements, so States are urged to consult early in the process with NPS.

When a State elects to use a State or local environmental review process to meet the NEPA requirement, they shall provide the environmental review guidance in this chapter, including the A&R or C&S Form, to the agency delegated the responsibility to conduct the environmental review to ensure that the process meets these federal requirements.

Costs associated with conducting environmental reviews are eligible for LWCF assistance (see Chapter 5.A.3.b).

4. NPS responsibility. The NPS is responsible for determining whether a proposed LWCF action is either categorically excluded from further environmental analysis or requires an EA or an EIS. NPS also is responsible for ensuring the adequacy of any required EA or EIS documents and is solely responsible for signing the decision documents. NPS serves as the lead agency in the delegation, preparation, and review of any EA or EIS for proposed LWCF actions.