ORLP Round 7 NOFO Final v3.pdf

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Round 7 Outdoor Recreation Legacy Partnership Program
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P24AS00498
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This Notice of Funding Opportunity announces a competitive grant program called the Round 7 Outdoor Recreation Legacy Partnership Program administered by the National Park Service. Eligible applicants are State government agencies designated as the State Lead Agency for the Land and Water Conservation Fund. The NOFO seeks project applications for acquiring land and developing outdoor recreation facilities in urban areas that qualify as disadvantaged communities according to census tract data. Total program funding is estimated at $224 million to be awarded as 40 grants ranging from $300,000 to $15 million each. Projects will be evaluated based on criteria including community engagement, technical feasibility, and alignment with Statewide outdoor recreation plans. Applications are due by April 30, 2024 and grant agreements will run from 2025 to 2027. The NOFO provides application instructions and outlines eligibility requirements, review procedures, and post-award reporting guidelines for the competitive grant program.

ORLP Round 7 NOFO Final v3

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FAMD-1443-001-2023-01 1

U.S. Department of the Interior

National Park Service

Financial Assistance

Notice of Funding Opportunity (NOFO)

NOFO Title Round 7 Outdoor Recreation Legacy

Partnership Program

NOFO Number: P24AS00498

Announcement Type: Discretionary

CFDA Number: 15.916

Issue Date: 11/08/2023

Application Due Date: 04/30/2024 Time: 11:59 PM Eastern Time Zone

Note: Per 2 CFR 1402.204 (f) Bureaus and offices must consider the timeliness of the application submission. Applications that are submitted beyond the announced deadline date must be removed from the review process.

Program Technical Contact:

Administration Contact:

Name Ginger Carter Name Susan Broeksmit

Phone 202-513-7233 Phone 202-641-0966

Email Ginger_Carter@nps.gov Email Susan_Broeksmit@nps.gov

FAMD-1443-001-2023-01 2

Table of Contents

Section A: Program Description

Section B: Federal Award Information

Section C: Eligibility Information

1. Eligible Applicants

2. Cost Sharing or Matching

3. Other

Section D: Application and Submission Information

1. Address to Request Application Package

2. Contents and Form of Application Submission

3. Unique Entity Identifier and System for Award Management (SAM)

4. Submission Dates and Times

5. Intergovernmental Review

6. Funding Restrictions

7. Other Submission Requirements

Section E: Application Review Information

1. Criteria

2. Review and Selection Process

3. CFR – Regulatory Information (DOI Standard Template Language)

Evaluation of Applicant Risk

4. Anticipated Announcement and Federal Award Dates ........ Error! Bookmark not defined.

Section F: Federal Award Administration Information

1. Federal Award Notices

2. Administrative and National Policy Requirements

3. Reporting

Section G: Federal Awarding Agency Contacts

Section H: Other Information:

Appendix A - Application Package Forms SF424, SF424A, SF424B ....... Error! Bookmark not defined.

FAMD-1443-001-2023-01 3

FAMD-1443-001-2023-01 4

Section A: Program Description

Legislative Authority:

Land and Water Conservation Fund (LWCF) Act, as amended (P.L. 88-578, codified at 54

U.S.C. 2003 et. seq.); Consolidated Appropriations Act, 2014 (P.L. 113-76) and accompanying

Explanatory Statement; The Great American Outdoors Act, P.L. 116-152; Consolidated

Appropriations Act, 2023, P.L. 117-328.

Assistance Listing (formerly CFDA) Number: 15.916

Federal Regulations: 2 C.F.R. § 200, 2 C.F.R. § 1402, 36 CFR 59

Program Background

The Land and Water Conservation Fund (LWCF) State and Local Assistance program provides grants to States, and through States to local units of government and federally-recognized Indian tribes, for projects that will provide outdoor recreation opportunities to the public through the acquisition of lands and waters for parks and other outdoor recreation areas, as well as through the development of new, or the renovation of existing, outdoor recreation facilities. It is operated by the National Park Service (NPS) in partnership with the designated State Lead LWCF Agency in each of the 50 states as well as American Samoa, the District of Columbia, Guam, Northern

Mariana Islands, Puerto Rico, and the Virgin Islands. Congress allocates money from the LWCF for this program which is then apportioned to the states based on a legislative formula. To be eligible for LCWF funds, the Act requires each state maintain an approved Statewide

Comprehensive Outdoor Recreation Plan (SCORP) to assess the supply and demand for outdoor recreation resources in the state and set priorities for the use of LWCF funds.

In 2014, in coordination with Congress, the Secretary of the Interior, State Lead Agencies, and interest groups, the NPS created the Outdoor Recreation Legacy Partnership (ORLP) Program, a competitive grant program administered under the authority of the LWCF Act as a complement to the LWCF formula grant program. ORLP grants do not count against State apportionment funds.

ORLP Objectives and Goals

The purpose of the ORLP Program is to provide new or significantly improved recreation opportunities in urban, disadvantaged communities, consistent with the purposes and requirements of the LWCF Act and LWCF Manual. To meet ORLP objectives and goals, projects must be:

• located within an incorporated city (or town) having a population of 30,000 or more in the 2020 Census, and

• located within a community (Census tract) that is determined to be disadvantaged per the Climate and Environmental Justice Screening Tool at https://screeningtool.geoplatform.gov/ (includes tract of project site and community(ies) served), https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title54-chapter2003&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title54-chapter2003&edition=prelim https://www.congress.gov/113/plaws/publ76/PLAW-113publ76.htm https://screeningtool.geoplatform.gov/

FAMD-1443-001-2023-01 5

ORLP Program Competition Priorities

This competition will prioritize the selection of projects that:

• As green and blue spaces, and tree cover help to cool the air, reduce pollution, and have positive effects on mental and physical health, nature-based park projects will earn a 5-point bonus. Nature-based projects are those where nature is a major element of, or strongly supports, the proposed recreational activity.

Additional benefits beyond the above may assist a project in standing apart from other projects, but they cannot be used as a replacement for the stated priority. Additional benefits may include, but are not limited to, projects that: expand public-private partnerships to leverage matching share resources (e.g. money or donated lands, supplies or services); provide economic benefits to the local community (e.g. short or long-term jobs or stimulation to local business near the park);

use sustainable design/materials; include site features that consider the needs of all demographics, and/or; involve the redevelopment of a blighted or distressed property.

Multiple-Step Application Process

The application process for ORLP is multi-step:

1) Each State solicits proposals from eligible project sponsors and selects and submits abbreviated applications, as described in this funding opportunity, to NPS for projects they find to be eligible and meet the goals of the ORLP program.

2) Each proposal is reviewed and scored by an independent merit panel and technical reviewers.

3) Based on the reviews of an independent merit panel, the Director of the NPS determines which projects are selected and invited to submit a full application for

NPS review.

4) States work with the project sponsors of the NPS selected projects to prepare a full application for NPS’s final review and funding determination.

Final applications (listed as Step 4 above) must be submitted to NPS within one year of the NPS public announcement of the project’s selection to remain eligible for funding.

Funding is not guaranteed until a grant agreement is signed by NPS.

Grants are awarded by NPS to the State Lead Agency, which is responsible for ensuring that allocated funds are used for the purposes of, and in a manner consistent with, the LWCF Act and

Manual. The State Lead Agency, in turn, makes a sub-award to the project sponsor, which must be the public entity that submitted the proposal.

FAMD-1443-001-2023-01 6

Because States must conduct a process to make the initial determination as to which projects to submit to the NPS for consideration in the national competition, State application deadlines will be earlier than NPS’s competition deadline. A list of State Lead Agencies can be found at:

https://www.nps.gov/subjects/lwcf/contact-list.htm.

Proposal Modifications

Changes to the project proposal after the submission of the application, whether in terms of the scope of work or budget, or amount requested, are generally unallowable as they may materially alter the circumstances under which the project was evaluated and selected. Such changes can lead to the federal share of the grant offer being reduced or the grant offer being withdrawn entirely.

Acquisition and Development Requirements

Projects must involve publicly-owned land, or the transfer of ownership by fee simple acquisition, to a public entity. The project sponsor must possess sufficient legal title and control of the property to ensure that it can be managed and maintained for outdoor recreation in perpetuity and otherwise remain compliant with the conversion provisions of the LWCF Act (see

54 U.S.C. 200305(f)(3)). Acquisition or use of lesser interests (e.g. a perpetual easement) as a means of legal control is not permitted for the ORLP competition because there is insufficient time to work with project sponsors to develop a legally-sufficient easement (pre-existing easements are unacceptable because the easement language must acknowledge the LWCF grant information and requirements).

Outdoor recreation areas and facilities assisted by the LWCF/ORLP must be open to the general public and not limited to special groups.

Eligible Project Types

Assistance is available for a wide range of outdoor recreation uses and the facilities needed to support the use and enjoyment of these areas. These include, but are not limited to:

• community parks, campgrounds,

• sports fields and courts,

• picnic areas and tracks for walking or biking,

• water-based recreation facilities such as for swimming or boating, etc.

• pools

Ineligible ORLP Project Types and Limits of Awards Per Site

• most indoor recreation and other buildings, such as nature centers or education centers;

however, facilities to support the use of the recreating public, such as restrooms, can be eligible,

• parks/sites that are currently receiving an LWCF formula grant, or that received an

LWCF formula grant that closed within the last seven years, at the same park, even if the scope of the project is different, and,

• parks/sites that have already received two previous ORLP award, or additional ORLP funds to cover cost increases of a previous ORLP grant project.

https://www.nps.gov/subjects/lwcf/contact-list.htm https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305 https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305

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In Perpetuity Requirement

The LWCF Act requires that any park or other outdoor recreation area benefitting from assistance from the LWCF, whether for acquisition or development purposes, and regardless of the amount or extent of assistance, not be converted to any use other than public outdoor recreation (see 54 U.S.C. 200305(f)(3)).

Therefore, as a condition of the grant, the NPS requires that language be recorded against the deed of the assisted park/recreation property advising that the property was acquired and/or developed with Federal funds from the LWCF and that the property must be preserved for outdoor recreation uses in perpetuity and cannot be converted to any use other than public outdoor recreation use without the written approval of the Secretary of the Interior. This approval is contingent upon the project sponsor replacing the area to be converted with a new recreation area involving land of at least equal fair market value and reasonably equivalent recreational utility, and the conversion and its replacement found consistent with the state’s SCORP.

The perpetuity requirement is applied to the assisted park or other recreation area as a whole. Exceptions for boundaries that would apply to a lesser unit of a park will be considered only if the unit is a stand-alone recreation area (i.e., its borders do not include other areas of the park) and is self- sustaining (i.e., it does not rely on nor serve adjoining park area for access, utilities, support facilities, etc.). The state and the NPS must agree to any boundary that does not comprise the whole park, and the NPS may eliminate from consideration proposals that are not consistent with this policy.

Section B: Federal Award Information

Estimated Total Funding: $224,145,000+

This seventh round of the ORLP will make available up to $224,145,000 appropriated by

Congress in fiscal year 2023, plus unused funds from prior years, if available subject to

Congressional action.

Expected Award Amount:

Projects will be awarded a minimum award of $300,000 and maximum award of $15,000,000.

Anticipated Award Date:

November 1, 2025 – The NPS announcement of selected projects is anticipated to be November

1, 2024. Selected projects must submit a full application for NPS final review within one year of the announcement (Nov. 1, 2025) to remain eligible for funding. Awards will be made upon

NPS’s final review and approval of the full application.

Anticipated Term of the Agreement: February 1, 2025 – February 28, 2027

Agreement terms for funded projects will run between two and three years depending on the negotiated project statement of work. Agreements are not effective until fully executed with signature from the NPS Financial Assistance Awarding Officer.

Estimated Number of Agreements to be Awarded: 40 https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305

FAMD-1443-001-2023-01 8

Funding Instrument Type:

Grant Agreement - A legal instrument of financial assistance between The National Park Service and a non-Federal entity that, consistent with 31 U.S.C. § 6302, 6304:

(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and not to acquire property or services for the Federal awarding agency’s direct benefit or use.

(2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award.

Substantial Involvement for Cooperative Agreement:

No substantial involvement on the part of the NPS is anticipated for LWCF ORLP grants.

Other Information: Applications for renewal or supplementation of existing projects are not eligible to compete with applications for new Federal awards.

Section C: Eligibility Information

1. Eligible Applicants

00 – State governments

In accordance with 54 U.S.C. 200305(a), each state has a lead agency designated by the State’s

Governor or by state legislation for the purposes of implementing LWCF in that state, and only the State Lead Agency can be an applicant for an LWCF grant. Therefore, only the State Lead

Agencies are eligible to submit applications for ORLP grants. The State Lead Agency may submit on behalf of themselves or another eligible subrecipient.

Applications submitted directly by entities other than the State Lead Agency for LWCF, will be eliminated without consideration.

Eligible sub-recipients (aka project sponsors) includes state agencies, local units of governments and special purpose districts (must be an entity created by a legislative authority with a stated mission that includes acquiring, developing, owning and managing recreation areas and be able to demonstrate it can meet the perpetual protection requirement of the LWCF program), and federally-recognized Indian Tribes.

For a project to be eligible the sub-recipient must either be an incorporated city or town of at least 30,000 people as of the 2020 Census, or, if the subrecipient is a county or special purpose district, the project must be serving an incorporated city or town of at least 30,000 or more people. The park or recreation area and the disadvantaged community(ies) must all be within the city or town.

https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305

FAMD-1443-001-2023-01 9

Parks/sites that are currently receiving an LWCF formula grant, or that received an LWCF formula grant that closed within the last seven years (even if the scope of the project is different) and, parks/sites that received more than one previous ORLP award are not eligible.

2. Cost Sharing or Matching

In accordance with the LWCF Act (54 U.S.C. 200305(c)), non-Federal cost match in the amount of a 1:1 is required to be eligible for an award under this NOFO. Eligible non-Federal sources of contributions must be in accordance with 2 C.F.R. § 200.306 and may include: cash, in-kind contributions of land, materials, and/or volunteer services. Non-Federal entity cost share or cost match contributions must be annotated within the application SF-424A, SF-424C and Detailed

Budget Narrative.

Matching funds may be derived from state, local, non-governmental, or private sources in the form of cash, or donations/in-kind contributions of land, services, materials, etc.

Matching share must be secure or firmly committed at the time of application and be confirmed in a signed letter from the donor describing the type (cash, in-kind, etc.) and amount/value of the contribution. If the project match exceeds the 1:1 requirement, the budget must indicate how the additional funds/in-kind contributions will be used.

Per the LWCF General Provisions, applicants may not use LWCF funds to replace funds that were already allocated or appropriated for the same activity.

The following costs may not be counted toward the non-Federal matching share (not inclusive):

• Any project costs incurred before the grant start date, unless they are an eligible pre-award cost as defined in the LWCF Manual or unless the sponsor gets prior written approval from the State Lead Agency and the NPS (i.e., waiver of retroactivity).

• Any funds or in-kind contributions such as land or services that have been used previously or will be used in the future to satisfy the matching requirements of another

LWCF grant or other Federal grant.

• Any funds or in-kind contributions such as lands or services that were or will be acquired with other Federal funds. However, there is an exception for funds authorized by their enabling legislation to be treated as non-Federal match. The most common options are

HUD’s Community Development Block Grants or DOT-FHWA’s Recreation Trails

Program (it is the project sponsors responsibility to include supporting documentation of this authority in the application if seeking to use Federal funds from other sources as match). Budgets that include unallowable Federal share as match will be eliminated without further consideration.

3. Other

Excluded Parties: NPS conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award. The NPS cannot award funds to entities or their key project personnel identified in the SAM.gov Exclusions database as ineligible, https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305

FAMD-1443-001-2023-01 10

prohibited/restricted or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, as their ineligibility condition applies to this Federal program.

Foreign Entities or Projects:

This program does not provide funding to foreign entities or for projects conducted outside the

United States.

Section D: Application and Submission Information

1. Address to Request Application Package

A complete application package is described in this Section. The application package contains both mandatory standard forms (SF) and various optional templates that may be used to satisfy other stated application requirements for this competition. The application package can be accessed and downloaded from the Related Documents tab on the Synopsis page of this announcement in Grants.gov.

2. Contents and Form of Application Submission

You must complete the mandatory standard forms and any applicable optional forms, in accordance with the instructions below, as required by this NOFO. Do not include any proprietary or personally identifiable information.

To assist applicants in ensuring that the required information is included, suggested templates for the Project and Budget Narratives, a photo form, an application checklist, and other tip sheets and templates, are included under the “Related Documents” tab of the Grants.gov opportunity.

ORLP Project sponsors should check with their state’s lead agency to determine if the state has any other requirements for submitting proposals at the state level.

Application Page Limits - Page limits for specific elements are noted. The overall application may not exceed 40 pages, excluding letters of support. Information beyond the page limit, and linked information within the application, will not be reviewed or considered.

Complete Application (40-page limit excluding letters of support):

1. Standard Form SF424, Application for Federal Assistance

2. Standard Form SF424C, Budget Information for Construction Programs

3. Standard Form SF429 and SF424B, Real Property Status Report (acquisition only)

4. Standard Form SF424D, Assurances for Construction Programs

5. Standard Form SF-LLL, Disclosure of Lobbying Activities

6. Standard Form - Project Abstract Summary

7. Project Narrative (max 10 pages) Following instructions in this section.

8. Budget Narrative (max 5 pages) Following instructions in this section.

9. Project Timeline (max 1 page) Following instructions in this section.

FAMD-1443-001-2023-01 11

10. Photos of current site conditions, the surrounding environment, etc.

11. Maps (2 minimum):

a. Map (or Aerial Photo) Delineating Project Area and Proposed Boundary - must clearly indicate area to be acquired and/or developed, as well as the proposed boundary of the larger park/recreation area that would be subject to the perpetual protection provisions of the LWCF Act (54 U.S.C. 200305(f)(3)), all known outstanding rights and interests in the area held by others, total acres within the boundary(ies), and a north arrow.

b. Plan or Sketch of Planned Site Features identifying location of planned recreational improvements and other features such as where the public will access the site, parking, etc.

12. Letters of Commitment of Secured Contributions/Matching Share clearly stating the amount and type of contribution. Contributions from project sponsor must also be confirmed.

13. General Letters of Support (Optional) Letters of support from Congress must be included with the application in Grants.gov to be considered.

14. Feasibility Report (if available)

15. SHPO Determination of Effect Letter (if available)

16. Confirmation of IPaC Report Submission to USFWS

The Standard Forms 424 series and Project Abstract Summary must be completed by the State using the on-line forms within the application submission on Grants.gov. All other documents should be attached as individual documents. However, applicants may group all general letters of support, and all matching share letters of commitment into single attachments.

Required Proposal Elements Instructions

Standard Form SF424 – The SF-424, Application for Federal Assistance must be completed, signed and dated. Do not include any proprietary of personally identifiable information. Enter only the amount requested from this Federal program in the “Federal” funding box on the SF-

424 Application form. Include any other Federal source(s) and funding amount(s) in the required Budget Narrative (see the Budget Narrative Section below).

Standard Form SF424C - Applicants must submit the appropriate SF-424 Budget Information form and Budget Narrative. For construction programs or projects, applicants must complete and submit the SF-424C, “Budget Information for Construction Programs”. Federal award recipients and subrecipients are subject to Federal award cost principles in 2 CFR 200. The estimated budget must align with the projected scope of work presented in the application.

Standard Form SF429 and SF424B – Real Property Status Report

Applicants seeking approval to acquire real property under an award must complete and submit the SF-429, “Real Property Status Report (Cover Page)” and the SF-429-B, “Real Property

Status Report Attachment B (Request to Acquire, Improve, or Furnish)) regardless of whether the real property is acquired with Federal funds, with recipient cost share or matching funds, or as an in-kind contribution under the award.

https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305

FAMD-1443-001-2023-01 12

Standard Form SF424D – Applicants must submit the appropriate signed and dated Assurances form.

Standard Form SF-LLL – Disclosure of Lobbying Activities

Applicants requesting more than $100,000 in Federal funding must certify to the statements in 43

CFR Part 18, Appendix A-Certification Regarding Lobbying. If this application requests more than $100,000 in Federal funds, the Authorized Official’s signature on the appropriate SF-424, Application for Federal Assistance form also represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

Standard Form – Project Abstract Summary

Applicants must complete and submit a Project Abstract Summary form with the application.

Information on this form will be transmitted to USA Spending and be viewable by the public.

Project Abstract Summary – The project abstract form must be completed to meet Federal award reporting requirements. Ensure the project abstract succinctly describes the project in plain language that the public can understand and use without the full proposal. If the application is funded, this information will be made available for public access including on

USAspending.gov.

Project Narrative Contents – (10-page limit, 12-point font)

The Project Narrative consists of the following three sections, each detailed below:

• Project Data Page

• Project Overview

• Responses to the Project Criteria

A. Project Data Page (1-page) - Provide the following information:

1. State and Project Sponsor Name and contact info:

2. Name of Park/Property

3. Project Title

4. Name of Property Title Holder

5. Project Property Address/Location

6. 2020 Census City/Town Population (must be over 30,000)

7. Census tract numbers of project site and community(ies) served – all tracts must located within a Census tract that is determined to be disadvantaged per the

Climate and Environmental Justice Screening Tool (CEJST) at https://screeningtool.geoplatform.gov/. (NPS recommends applicants maintain a screen shot of each tract’s “disadvantaged” determination as Census data within the CEJST may change prior to NPS review of application and proof of previous data may be needed).

8. Statement of Project Type: Acquisition, New Development, or Renovation, or combination acquisition/development

9. Statement that project Creates a New Park, Expands an Existing Park or Neither

10. Brief statement (aka Project Summary) providing a “publicity blurb” about the project. (250-words or less.)

http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=683823273fc0da6a1060883eda593fb8&mc=true&node=pt43.1.18&rgn=div5 https://screeningtool.geoplatform.gov/

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B. Project Overview (2-page limit): Provide the following information:

All Projects:

• Describe and quantify the types of resources and features of or on the property

(e.g., 50 acres of forested area, 2,000 feet of waterfront, scenic views, unique or special features, recreation amenities, historic/cultural resources)

• Describe the current uses (if any) or disposition of the property to be acquired or developed, if uses will need to be discontinued, or the site rehabilitated. If there are any existing non-outdoor recreation or other non-public uses that are intended to continue on the property on an interim or permanent basis and/or proposed in the future, these should be explained.

• Describe constraints of the property (e.g., existing development; hazardous materials/contamination history; and restrictions such as institutional controls, easements, rights-of-way, reversionary interests, above ground/underground utilities; etc.).

Development Only:

• Describe the planned physical improvements and/or facilities, and the reason(s) such development is needed. Explain whether the work involves new development or rehabilitation or replacement of existing recreation facilities.

Acquisition Only:

• Provide a description of the property (including the current ownership) and an explanation of the need for its acquisition.

• State whether the acquisition would create a new public park/recreation area or if it will expand an existing site, and if so, by how much.

• Describe the plans for developing the property for recreation purposes after acquisition and the timeframe for the start and completion of development and when it will be open for public use.

• Describe the status of the acquisition, including negotiations with the landowner and development of due diligence materials such as title work and appraisal.

• Land acquisition costs must be based on the Uniform Appraisal Standards for

Federal Land Acquisition (aka yellow book) estimate of fair market value. Be sure to explain the basis for the value estimate if an appraisal has not yet been performed.

Combination Projects:

• Provide information requested under “All Projects”, “Development Only” and

“Acquisition Only”.

C. Project Criteria Information (remaining pages):

Provide information required by the Criteria as detailed in Section E-Application Review

Criteria. Criteria information regarding the budget may be included in the Budget

Narrative.

FAMD-1443-001-2023-01 14

Detailed Budget Narrative (5-page limit)

The project budget shall include detailed information on all cost categories and must clearly identify all estimated project costs. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or sub-recipients. In addition, applicants shall include a narrative description of the items included in the project budget, including the value of in-kind contributions of goods and services provided to complete the project when cost share is identified to be included (reference section C of this announcement). Cost categories should be organized under, and roll up to, the major budget object classes included on the SF424A or

SF424C.

Budget information should reflect only costs related to work/acquisition that will completed under an ORLP grant if selected. A total budget for the entire project (including work beyond what would be funded under a grant) may be provided separately. Note that the ORLP funded portion of the project must result in a viable recreation opportunity that is not reliant on other funding even in the context of a larger planned project.

The detailed budget must:

• Include a detailed breakdown of proposed project costs.

• Indicate the amount of each cost that will be covered by the federal share versus matching share.

• List all agencies, organizations or other entities providing matching share and describe the type of contributions (e.g., cash or in-kind donations). A letter from each secured matching-share contributor must be included in a letter confirming the commitment of match (includes match from project sponsor).

• State the value and type (cash, donation of equipment etc.) of each matching share contribution.

• State that the matching share contribution is secure or firmly committed at the time of application.

• Include direct costs for compliance activities, including tribal monitoring, if anticipated.

No additional federal fund will be provided if requested after application submission.

• Provide a description of the methodology used to determine the amount of any contingency costs included.

• Identify who developed the estimated budget and on the basis for the estimates.

ORLP projects are limited to using a maximum of 25% of the total budget for costs not directly attributable to physical development/rehabilitation activities, supplies, equipment, or cost of land. Additionally, the LWCF Act specifically excludes acquisition support costs (such as title research and appraisals). (See “Program Funding Restrictions” under Section D6 for detailed explanation and additional restricted costs.)

Per 2 CFR 200 Section C.2.b, “Both the direct costs and the indirect costs must exclude capital expenditures and unallowable costs. However, unallowable costs must be included in the direct costs if they represent activities to which indirect costs are properly allocable.” Therefore, as the

ORLP program funds capital projects, indirect costs are not allowed.

FAMD-1443-001-2023-01 15

Timeline (1 page limit)

The detailed timeline must be included showing all project milestones, and measures that will provide quantifiable progress towards reaching the project’s milestones. Each planned contract must be listed with an expected date for bidding.

Additional Final Application Documents (If Project is Selected by NPS)

The following additional information will be required with a full application if the project is selected in this pre-application round.

Conflict of Interest Disclosure

Per the Financial Assistance Interior Regulation (FAIR), 2 CFR §1402.112, applicants must state in their application if any actual or potential conflict of interest exists at the time of submission.

Applicability.

o This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

o In the procurement of supplies, equipment, construction, and services by recipients and by sub recipients, the conflict of interest provisions in 2 CFR §200.318 apply.

Notification.

o Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112.

o Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by sub recipients.

Review procedures. The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

Uniform Audit Reporting Statement

U.S. states, local governments, federally recognized Indian tribes, institutions of higher education, and non- profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the

Federal Audit Clearinghouse’s Internet Data Entry System, in accordance with 2 CFR 200 subpart F. U.S. state, local government, federally recognized Indian tribes, institutions of higher education, and non-profit applicants must state if your organization was or was not required to https://ecfr.federalregister.gov/current/title-2/subtitle-B/chapter-XIV/part-1402/subpart-B https://www.ecfr.gov/cgi-bin/text-idx?node=sp2.1.200.d&rgn=div6#se2.1.200_1318 https://www.ecfr.gov/cgi-bin/text-idx?node=pt2.1.200&rgn=div5#se2.1.200_1112 https://www.ecfr.gov/cgi-bin/text-idx?node=sp2.1.200.d&rgn=div6#se2.1.200_1339 https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr180_main_02.tpl https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx

FAMD-1443-001-2023-01 16

submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the EIN associated with that report and state if it is available through the Federal Audit Clearinghouse website.

Disclosure of Lobbying Activities

Applicants and recipients must not use any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a Member of the U.S. Congress connection with the award. Applicants and recipients must complete and submit the SF-LLL, “Disclosure of

Lobbying Activities” form if the Federal share of the proposal or award is more than $100,000 and the applicant or recipient has made or has agreed to make any payment using non-appropriated funds for lobbying in connection with the application or award. The SF-LLL form is available with this Funding Opportunity on Grants.gov. See 43 CFR, Subpart 18.100 and 31

USC 1352 for more information on when additional submission of this form is required.

Overlap or Duplication of Effort Statement

If the project proposed in this application is funded through another Federal financial assistance award, in part or in whole, the applicant must provide a statement detailing the potential funding overlap in regard to activities, costs, or time commitment of key personnel. Provide a copy of any overlapping or duplicative proposal submitted to any other potential funding entity and identify when that proposal was submitted or copy of Federal financial assistance award covering activities covered under this proposal. The statement and the description of overlap or duplication, when applicable, may be provided within the proposal or as a separate attachment to the application. Any overlap or duplication of funding between the proposed project and other active or anticipated projects may impact selection and/or funding amount. If no such overlap or duplication exists, state, “There are no overlaps or duplication between this application and any of our other Federal applications or funded projects”.

If selected for award, NPS reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to:

(a) Other budget information

(b) Financial capability

(c) Evaluation of risk

(d) Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 43 C.F.R. § 17)

3. Identifier and System for Award Management (SAM.gov) Registration

This requirement does not apply to individuals applying for funds as an individual (i.e., unrelated to any business or nonprofit organization you may own, operate, or work within), or any entity with an exception to bypass SAM.gov registration with prior approval from the funding bureau or office in accordance with bureau or office policy. All other applicants are required to register in SAM.gov prior to submitting a Federal award application and obtain a Unique Entity

Identifier (UEI) which replaces the Data Universal Numbering System (DUNS) number from https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx https://harvester.census.gov/facdissem/Main.aspx https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-identifier-update

FAMD-1443-001-2023-01 17

Dun & Bradstreet in April 2022. A Federal award may not be made to an applicant that has not completed the SAM.gov registration. If an applicant selected for funding has not completed their

SAM.gov registration by the time the program is ready to make an award, the program may determine the applicant is not qualified to receive an award. Federal award recipients must also continue to maintain an active SAM.gov registration with current information through the life of their Federal award(s).

• Register with the System for Award Management (SAM)

Applicants can register on the SAM.gov website. The “Help” tab on the website contains

User Guides and other information to assist you with registration. The Grants.gov “Register with SAM” page also provides detailed instructions. Applicants can contact the supporting

Federal Service Desk for help registering in SAM. Once registered in SAM, entities will be assigned a Unique Entity Identifier (UEI). Entities must renew and revalidate their SAM registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been made to the entity’s IRS information. There is no cost to register with SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with SAM.gov; please be aware you can register and request help for free. If applicable, foreign entities who want to receive payment directly to a U.S. bank account must enter and maintain valid, current banking information in

SAM.

4. Submission Dates and Times

Applicants are held responsible for their proposals being submitted to the National Park Service.

Applications must be received by Tuesday, April 30, 2024. Applicants are encouraged to submit the application well before the deadline. Note: Per 2 CFR 1402.204 (f) Bureaus and offices must consider the timeliness of the application submission. Applications that are submitted beyond the announced deadline date must be removed from the review process. Application preparation time may take several weeks, so please start the application process as soon as possible. If it is determined that a proposal was not considered due to lateness, the applicant will be notified during the selection process.

States can monitor the application’s status by using “Track My Application” on Grants.gov. Be sure to record the Grants.gov tracking number which will displayed on the confirmation page in

Grants.gov immediately after you successfully submit to Grants.gov as you will need it for tracking.

5. Intergovernmental Review

Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the OMB’s home page at: http://www.whitehouse.gov/omb/grants_spoc/

6. Funding Restrictions

Costs incurred by the applicant prior to the start date of the period of performance of a signed

Federal award are only allowable with written approval by a Financial Assistance Awarding

Officer.

http://www.sam.gov/ https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm https://www.grants.gov/help/html/help/Register/RegisterWithSAM.htm http://www.whitehouse.gov/omb/grants_spoc/

FAMD-1443-001-2023-01 18

Additional LWCF Program Funding Restrictions:

LWCF ORLP grants may only be used for costs needed to support the acquisition or development of lands and facilities that will provide outdoor recreation opportunities to the public. LWCF/ORLP funds may not be used for:

• Grant administration expenses for state lead offices,

• Acquisition support costs such as appraisals or title work,

• Operation and maintenance activities,

• Facilities that support semi-professional or professional athletics such as baseball stadiums or soccer arenas,

• Indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes like dining facilities or overnight accommodation (such as a lodge or hotel), or

• Acquisition of lands, or interests in lands, that completely restrict access to specific persons (e.g., non-residents of a community).

• Indirect costs

The ORLP Grant Program places a total budget (federal plus matching share) limitation of 25% on project costs not directly attributable to physical development/rehabilitation, supplies, equipment, or cost of land. The 25% cap includes, but is not limited to:

• the overall management of activities directly related to finance (accounting, auditing, budgeting, contracting), and general grant administration costs (wages for grant administration, personnel, property management, equal opportunity).

In accordance with 54 U.S.C. 200305(f)(1) projects seeking LWCF ORLP grants may not include funds from other Federal sources in the project’s budget, including LWCF formula funds, even if all programs’ match requirements are met. Projects including other federal funds within the proposed budget, unless they are serving as authorized match, will be eliminated from the competition without consideration.

Project sponsors are not permitted to also seek LWCF formula funding to support the proposed project except as an alternate grant source if not selected for an ORLP grant.

7. Other Submission Requirements

Applications must be submitted through Grants.gov to the National Park Service by the deadline identified in item 4 above. Applications submitted by other means or not received by the deadline will not be considered.

Application size limitations and file naming: The electronic application system (Grants.gov) has an overall application size limit, above which the application will not be forwarded to the

DOI’s grant management system. Check to make sure the application package as a whole does not exceed the limit. Additionally, Grants.gov has requirements for naming application documents. Attachments that do not follow these rules may cause the entire application to be rejected or cause issues during processing. Please refer to the Grants.gov site for current requirements at Applicant https://www.grants.gov/applicants/applic-faqs.html.

https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305 https://uscode.house.gov/view.xhtml?req=54%2BUSC%2B200305&f=treesort&fq=true&num=9&hl=true&edition=prelim&granuleId=USC-prelim-title54-section200305 https://www.grants.gov/applicants/applicant-faqs.html

FAMD-1443-001-2023-01 19

Section E: Application Review Information

1. Criteria

NPS will evaluate and consider only those applications that separately address each of the merit review criteria in the Project Narrative application requirement. Each applicant is required to provide a detailed project narrative, in accordance with section D.2., of the following criteria elements. It is HIGHLY recommended that the project narrative has sections labeled by criterion and bulleted topic.

Criterion 1 – Project Merit Maximum Points: 50

This criterion assesses the quality of the proposed project in addressing the lack of outdoor recreation in, and wants and needs of, the target urban, disadvantaged community(ies). A five-point bonus will be awarded to nature-based projects (projects where nature is a major element of, or strongly supports, the proposed recreational activity). Otherwise, projects will be scored based on their ability to meet or surpass all of the following priorities: (1) demonstrating a high degree of effort or initiative to engage residents of the disadvantaged neighborhood(s) in the project’s development, (2) demonstrating significant collaboration among the public and private sectors, including multiple levels of government, private/non-profit organizations, and community groups, and (3) having strong initiatives, policies, incentives, etc., to protect the area from gentrification (for more insight, see the National Recreation and Parks Associations’ paper

Greening Without Gentrification at https://www.nrpa.org/parks-recreation-magazine/2019/december/greening-without-gentrification/). Please provide the following information:

• State if the project is, or is not, a nature-based park, and if so, provide a description of the natural elements and how these elements support the proposed recreation.

• Describe any additional relevant benefits to the disadvantaged community, beyond being nature-based, that the project will provide, such as transforming a previous brownfield, involving of new or non-traditional partners, reaching new user groups, etc.

• Describe the process that led to the development of this proposal. Focus on the efforts made to engage the disadvantaged community(ies) served, and their participation in the project’s design as well as that of other interested/affected entities. Include details such as number of meetings held and number of attendees, number of community members contacted, number of responses received.

• Describe the partnerships or other collaborative efforts that have helped, or will help to, facilitate the project.

• Describe initiatives and/or strategies that are in place to substantially limit gentrification of the project area.

Criterion 2 – Technical Excellence Maximum Points: 50

This criterion measures the project’s conformance with LWCF requirements and its likelihood to be successful. Projects will be scored based on their ability to meet or surpass all of the following priorities: (1) directly aligning with at least one goal or need that is clearly identified in the State Comprehensive Outdoor Recreation…

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