Arkansas Administrative Code › Agency 013 - Department of Parks and Tourism › Division 05 - Parks Division › Rule 013.05.17-004 - Outdoor Recreation Matching Grants Rule

Current through Register Vol. 49, No. 6, June, 2024
LAND AND WATER CONSERVATION FUND STATE ASSISTANCE
				PROGRAM
FEDERAL FINANCIAL ASSISTANCE MANUAL
PREFACE
This manual sets forth the administrative procedures and
				requirements for Land and Water Conservation Fund (LWCF) federal assistance
				(Catalog of Federal Domestic Assistance #15.916) to the States by the
				Department of the Interior, National Park Service (NPS). It supersedes the
				program's existing LWCF GRANTS MANUAL (NPS-34). It is also intended to serve as
				a basic reference for those who are engaged in the administrative, financial
				management and stewardship responsibilities of the LWCF State Assistance
				Program.
It is the responsibility of the State, as primary grant
				recipient, to comply with these requirements and all terms and conditions of
				the grant agreement. The State's responsibility cannot be delegated nor
				transferred.
Participation in the LWCF State Assistance Program is deemed to
				constitute a public trust. As such, participants are responsible for the
				efficient and effective management of funds in accordance with the approved
				budgets, for promptly completing grant assisted activities in a diligent and
				professional manner, and for monitoring and reporting performance.
The procedures and requirements contained herein are subject to
				applicable federal laws and regulations, and any changes made to these laws and
				regulations subsequent to the publication of this manual. In the event that
				these procedures and requirements conflict with applicable federal laws,
				regulations, and policies, the following order of precedence will
				prevail:
1. Federal Law
2. The Code of Federal Regulations
3. Terms and Conditions of Grant
			 Award
4. Land and Water
			 Conservation Fund State Assistance Program Manual
The State bears primary responsibility for the administration
				and success of each grant, including performance by third parties under
				subagreements made by the State for accomplishing nonconstruction and
				construction project objectives. The provisions included herein shall also be
				applied by the State to subgrantees and contractors performing work under the
				LWCF State Assistance Program.
This edition of the LWCF State Assistance Program Manual
				supersedes all previous editions and amendments through Manual Release No. 151.
				Subsequent updates shall be distinguished by the effective date denoted within
				the footer appearing at the bottom of each chapter page. The Manual in effect
				at the time a grant is awarded governs the project except for post-completion
				requirements. A current version of the Manual can be found at the LWCF
				Website.
A.
Background
The LWCF State Assistance Program was established by the LWCF
				Act of 1965 (Section
				6, Land and Water Conservation Fund Act of
				1965, as amended; Public Law 88-578; 16 U.S.C. 4601-4 et seq.) to stimulate a
				nationwide action program to assist in preserving, developing, and assuring to
				all citizens of the United States of present and future generations such
				quality and quantity of outdoor recreation resources as may be available and
				are necessary and desirable for individual active participation. The program
				provides matching grants to States and through States to local units of
				government, for the acquisition and development of public outdoor recreation
				sites and facilities. Grant funds are also available, to States only, for
				fulfilling the statewide comprehensive outdoor recreation planning requirements
				of the program.
The LWCF program was administered by the Bureau of Outdoor
				Recreation (BOR) from its beginning in 1965 to 1978 when the Heritage
				Conservation and Recreation Service (HCRS) was created. HCRS then administered
				the program until 1981 when the LWCF was transferred to the National Park
				Service.
Since the origin of the program in 1965, over $3.7 billion has
				been apportioned to the 50 states, the District of Columbia, American Samoa,
				Guam, Northern Mariana Islands, Puerto Rico and the Virgin Islands for
				planning, acquisition, and development of outdoor recreation resources in the
				United States. More than 40,000 projects have been approved to assist state and
				local efforts to acquire land and develop facilities for public outdoor
				recreation purposes. The federal investment has been matched by state and local
				contributions for a total LWCF grant investment of over $7.4 billion. A
				LWCF-assisted park is located in over 98 percent of counties in the United
				States.
The income for the LWCF is provided largely from Outer
				Continental Shelf mineral receipts. The amount available from the LWCF for
				state grants is determined by the annual Congressional appropriation process.
				This amount is supplemented by a guaranteed amount set aside each year in a
				special Treasury account from other qualified off-shore revenues pursuant to
				the Gulf of Mexico Energy Security Act,
				Public
				Law 109-432.
B.
Program Information
LWCF grants are provided to the States, and through the States
				to local governmental jurisdictions, on a matching basis for up to fifty
				percent (50%) of the total project-related allowable costs for the acquisition
				of land and the development of facilities for public outdoor recreation and for
				fulfilling the program's planning requirements. Grants to eligible insular
				areas
(American Samoa, Guam, the Northern Mariana Islands, Puerto
				Rico, and the Virgin Islands) may be for 100% assistance. Appropriations from
				the LWCF may be made annually by Congress to the Secretary of the Interior who
				apportions the funds to the States. Payments for all projects are made to the
				state organization that is authorized to accept and administer funds paid for
				approved projects. Local units of government participate in the program as
				subgrantees of the State with the State retaining primary grant compliance
				responsibility. Each State must have a "State Liaison Officer" (SLO) appointed
				by the Governor or designated by the state legislature to administer the LWCF
				program at the state level.
Information about the LWCF State Assistance Program including
				contact information for National Park Service Regional Offices can be found on
				the Web at
www.nps.gov/lwcf
or
				contact lwcf.grants@nps.gov
C.
Internet Resources
This manual contains references to many laws, regulations,
				forms, and other information sources relating to the LWCF State Assistance
				Program that are available on the Internet. Text in this manual with a "dotted
				underscore" indicates that further information is available on the
				Internet.
The following is a list of Web links for these resources and
				documents. Place your cursor over the desired reference and use the "control +
				click" function to follow the link.
A
Administrative and Audit Requirements and Cost Principles for
				Assistance Programs, 43 CFR 12(Title 43-Public Lands: Interior, Part 12)
Advisory Council on Historic Preservation (ACHP)
Americans with Disabilities Act (ADA) of 1990, Public Law
				100-336
Americans with Disabilities Act (ADA) Accessibility Guidelines
				at 28 CFR 36
Americans with Disabilities (ADA) Act Title II at 28 CFR
				35
Appraisal Foundation
Archeology and Historic Preservation Act as amended, Public Law
				93-291
Architectural Barriers Act of 1968 (ABA) Public Law
				90-480
Audit Requirements for State and Local Governments, OMB
				Circular A-133
C
Catalog of Federal Domestic Assistance (CFDA) #15.916
Civil Rights Act of 1964 Title VI
28 CFR
				42.104(b)(2)
Community Development Block Grants (CDBG)
Construction Contractors-Affirmative Action Requirements, 41
				CFR 60-4
Cost Principles for Nonprofit Organizations, OMB Circular
				A-122
Cost Principles for State, Local and Indian Tribal Governments,
				A-87
Council on Environmental Quality (CEQ)
CEQ Regulations for Implementing NEPA, 40 CFR 1500-1508
CEQ NEPA Guidance Crimes and Criminal Procedure, Fraud and
				False Statements,18 U.S.C. Section
				1001
D
Dayis-Bacon Act
Debarment and Suspension, Executive Order 12549
43CFR 12.100-510
List of debarred and suspended parties
Department of the Interior (DOI)
Department of the Interior (DOI) policy and procedures about
				audits, Departmental Manual Part
				360, Departmental Manual Part
				361 DM 7.3
Department of Interior (DOI) policy and procedures for
				implementing NEPA Departmental Manual Part
				516 DM 1-6
Departmental Responsibilities for Indian Trust Resources,
				Department of the Interior Manual (DM) Part
				512 DM 2
Secretary of the Interior's Standards for Archeology and
				Historic Preservation Projects
Secretary of the Interior
Department of Transportation Act of 1966, Section
				4(f)
E
Emergency Wetlands Resources Act of 1986, Section
				303
National Wetlands Priority Conservation Plan
Endangered Species Act (ESA) Section
				7
Environmental Justice in Minority and Low-Income Populations,
				Executive Order 12898
Department of the Interior Responsibilities for E.O. 12898,
				Environmental Compliance Memorandum ECM95-3
Equal Employment Opportunity, Executive Order
				11246
F
Federal Aid in Sport Fish Restoration Act (Wallop-Breaux Act or
				Dingell-Johnson Act)
Federal Energy Regulatory Commission
Federal Highway Administration
Federal Insurance Administration of the Federal Emergency
				Management Agency
Federal Surplus Property
Flood Disaster Protection Act of 1973, Public Law 93-234
Floodplain Management, Executive Order 11988
I
Indian Tribes Indian
Trust Resources
Intergovernmental Review of Federal Program Executive Order
				12372
Single Point of Contact (SPOC) List for E.O.
				12372
L
Labor Surplus Areas, Executive Order 12073
Land and Water Conservation Fund (LWCF) State Assistance
				Program NPS Homepage
LWCF Website
Land and Water Conservation Fund (LWCF) Act of 1965, as amended
				Public Law 88-578, 78 Stat. 897
16 U.S.C. 4601-4 et seq.
Section
				6(b) of the LWCF
				Act
Section
				6(f)(1) of the LWCF
				Act
Section
				6(f)(3) of the LWCF
				Act
LWCF Publications and Forms - link to LWCF web page for the
				following:
Description and Notification Form
General Provisions
LWCF Logo
Project/Grant Agreement (Form NPS 10-902)
Project Amendment Form
Proposal Description and Environmental Screening Form (PD/ESF)
				with NEPA Categorical Exclusions
Record of Electronic Payment Form
Standard Form (SF) 270, Request for Reimbursement for
				Non-construction Grants
Standard Form (SF) 424, Application for Federal
				Assistance
SF-424A, Budget Information Non-construction Programs
SF-424B, Statement of Assurances Non-construction
				Programs
SF-424C, Budget Information Construction Programs
SF-424D, Statement of Assurances Construction Programs
LWCF Post-Completion Compliance,36 CFR Part
				59
Limited English Proficiency, Executive Order
				13166
M
Minority Business Development Agency of the Department of
				Commerce
Minority Business Enterprises (MBEs), Executive Order 11625
Minority Business Enterprise Development, Executive Order
				12432
N
National Environmental Policy Act (NEPA)
NEPA's Forty Most Asked Questions
National Historic Preservation Act (NHPA) of 1966, as amended,
				Public Law 89-665
Section
				106 of the NHPA at 36 CFR Part
				800
National Flood Insurance Act of 1968
National Flood Insurance Program, Public Law 90-448 and
				expanded by Public Law 93-234
National Flood Insurance Program, Federal Emergency Management
				Agency
National Park Service
National Park Service Director's Order #12 and Handbook,
				"Conservation Planning, Environmental Impact Analysis, and Decision
				Making"
National Register of Historic Places
National Trails System Act, Public Law 90-543, as
				amended
Section
				8(a) of Public Law 90-543,
				as amended
Nondiscrimination in Federally Assisted Programs of the
				Department of the Interior Title 43, Part
				17
Nondiscrimination on the Basis of Race, Color, National Origin,
				43 CFR 17, Subpart A
Nondiscrimination on the Basis of Age at 43 CFR 17, Subpart
				C
National Oceanic and Atmospheric Administration, U. S.
				Department of Commerce, Comparative Climatic Data
O
Office of Federal Contract Compliance Programs
				(OFCCP)
R
Rehabilitation Act of 1973, as amended, Section
				504 43 CFR 17, Subpart B
S
Safe, Accountable, Flexible, Efficient Transportation Equity
				Act: A Legacy for Users (SAFETEA-LU) Act.
Single Audit Act of 1984, Public Law 98-502
Small Business Administration
State Historic Preservation Officers (SHPO),
State Liaison Offices
T
Title IX of the Education Amendments of 1972 at 43 CFR 41
				Tribal Historic Preservation Officers (THPO)
U
Uniform Administrative Requirements for Grants and Cooperative
				Agreements for State and Local Governments
43 CFR 12
43
				CFR 12.76 - Procurement
OMB Circular A-102
Uniform Appraisal Standards for Federal Land Acquisitions
				(UASFLA)
Uniform Relocation Assistance and Real Property Acquisitions
				Policy Act of 1970, as amended, Public Law 91-646 (Uniform Act)
Section
				210
Section
				305
Title II , Section
				205 of the Uniform Act
Title III of the Uniform Act.
49 CFR Part
				24
49 CFR
				24.102(c)(2)(ii)
49 CFR 24.102(n)
				(2)
Uniform Standards of Professional Appraisal Practice
				(USPAP)
U. S. Department of Commerce's Minority Business Development
				Agency (MBDA
U. S. Fish and Wildlife Service
U. S. Small Business Administration
W
Wetlands Protection, Executive Order 11990
Wild and Scenic Rivers Act
Women Business Enterprises (WBEs), Executive Order
				12138