5. Establishing a GRANT REQUEST RANGE is voluntary and is not required; however, it is encouraged for this GRANT program. If an APPLICANT does not want to establish a GRANT REQUEST RANGE, it may leave the “minimum GRANT request” blank on all APPLICATION forms. This approach signifies that the APPLICANT is not willing to accept any amount less than the “maximum GRANT request”. Match Requirement • MATCH is no less than 50% of the TOTAL PROJECT COST. In other words, MATCH can range from 50% to 99% of the TOTAL PROJECT COST. • The LWCF GRANT amount can fund no more than 50% of the TOTAL PROJECT COST. In other words, the LWCF GRANT amount can range from 1% to 50% of the TOTAL PROJECT COST. • The full GRANT amount is reimbursed when the GRANTEE has shown ELIGIBLE COSTS paid for both the LWCF GRANT amount and the MATCH (TOTAL PROJECT COST). • “Eligible MATCH sources” is explained on page 34. Rate of Reimbursement and Match Calculation The RATE OF REIMBURSEMENT is calculated as the percentage of the LWCF GRANT amount in relation to the TOTAL PROJECT COST established by the APPLICANT at the time of APPLICATION. For each payment request, OGALS can only reimburse the RATE OF REIMBURSEMENT percentage out of 100% of the ELIGIBLE COSTS listed on a Grant Expenditure Form by the GRANTEE. Common Rate of Reimbursement issues to be aware of: 1. Once the GRANT is OBLIGATED by NPS, the RATE OF REIMBURSEMENT cannot be changed. 2. The RATE OF REIMBURSEMENT becomes an issue for GRANTEES when the actual final TOTAL PROJECT COST is less than the TOTAL PROJECT COST identified in the APPLICATION. 3. If the actual final TOTAL PROJECT COST is less than the TOTAL PROJECT COST identified in the APPLICATION, the GRANT reimbursement will also be less than the original GRANT amount. • For example, if the TOTAL PROJECT COST identified in the APPLICATION is $2,000,000, and the GRANT amount is $1,000,000, the RATE OF REIMBURSEMENT is 50%. • If the actual final TOTAL PROJECT COST is $1,700,000 (instead of the $2,000,000 estimated at the time of APPLICATION), then 50% of $1,700,000 will be reimbursed. LWCF Application Procedural Guide
Eligible Projects – Statewide Comprehensive Outdoor Recreation Plan (SCORP) Priorities The Statewide Comprehensive Outdoor Recreation Plan (SCORP) is updated every five years to evaluate demand, supply, and priorities to protect existing and create new public outdoor recreation resources. Priorities identified in the SCORP drive the PROJECT Selection Criteria through the OPEN PROJECT SELECTION PROCESS. • At least one of the SCORP priorities (listed on the next page) must be met for NPS to approve a PROJECT. PROJECTS that address more than one SCORP priority will be more COMPETITIVE compared to other state wide APPLICATIONS. • This Application Guide’s OPEN PROJECT SELECTION PROCESS includes the SCORP action priorities listed below linked with the COMPETITIVE PROJECT Selection Criteria starting on page 52. • The APPLICANT’S response to the Proposal Description/ Environmental Screening Form (PD/ESF) Step 2.D Question # 10, will also inform NPS how the PROJECT will meet a SCORP priority(s). The PD/ESF is explained on page 44. Eligible Projects • ACQUISITION PROJECT • DEVELOPMENT PROJECT • The APPLICATION must only be for ACQUISITION or DEVELOPMENT. Combination PROJECTS are not eligible. These ACQUISITION or DEVELOPMENT PROJECTS may include but are not limited to the following examples. Examples and priorities below are separated by ACQUISITION PROJECTS and DEVELOPMENT PROJECTS LWCF Application Procedural Guide
Acquisition examples: ACQUISITION to create a new PARK ACQUISITION to EXPAND or provide a buffer for an existing PARK ACQUISITION to provide a wildlife corridor ACQUISITION to provide a recreational/active transportation trail corridor that connects neighborhoods to workplaces, schools, homes, and other recreational opportunities ACQUISITION must result in a NEW RECREATION OPPORTUNITY for the public within three years after the completion of the ACQUISITION. Only a phase that creates a fully-useable recreational opportunity must be completed and open to the public within three years after the completion of the ACQUISITION. In some cases, the ACQUISITION property may not require DEVELOPMENT at all within three years after the ACQUISITION. Examples include: An existing fire or safety road in the ACQUISITION property is in proper condition to be readily useable as a trail or walking pathway. EXPANSIONS: The ACQUISITION property is adjacent to an existing PARK, and the purpose of the ACQUISITION is to serve: o as a buffer to protect the VIEWSHED of the PARK for current and future generations of PARK visitors. In this case, enjoying the VIEWSHED is a recreation opportunity for the PARK visitors. o as a buffer to protect a wildlife corridor for current and future generations, where visitors of the existing PARK come to enjoy watching wildlife. LWCF Application Procedural Guide
Development Examples: DEVELOPMENT of RECREATION FEATURES must be for outdoor recreation, not indoor recreation. Indoor RECREATION FEATURES are generally ineligible and less competitive in this grant program. LWCF funds are intended to increase outdoor recreational opportunities. These examples are not intended to show a preference from OGALS. RECREATION FEATURE MAJOR SUPPORT AMENITY athletic fields and courts community gardens non-motorized neighborhood and regional recreational trails OPEN SPACE and natural areas Outdoor gyms (aerobic or strength building equipment) Outdoor performing arts venues picnic areas play grounds and tot lots skate PARKS outdoor swimming pools and aquatic features Restroom buildings and parking lots Additions that enhance the use and appearance of the PARK including landscaping, public art, and safe public use features such as lighting. LWCF Application Procedural Guide
GRANT PERFORMANCE PERIOD The chart below summarizes the GRANT PERFORMANCE PERIOD and when ELIGIBLE COSTS may be incurred. Also see the ELIGIBLE COSTS Chart on page 68. When ELIGIBLE COSTS may be incurred Type of Cost and Situation Up to three years before the APPLICATION is submitted. PRE-AWARD PROJECT PLANNING COSTS only. See page 28 for guidance. After the APPLICATION is submitted and before NPS OBLIGATES funds to the APPLICATION. ACQUISITION or DEVELOPMENT if a WAIVER OF RETROACTIVITY is requested at the time of APPLICATION and the WAIVER OF RETROACTIVITY is approved by NPS. See page 30. After NPS OBLIGATES funds to the PROJECT for a three year GRANT PERFORMANCE PERIOD (NPS approval date). All ELIGIBLE COSTS. See the ELIGIBLE COSTS Chart on page 68. After the grant performance period. No costs. 1-2 above are the only circumstances when costs can be incurred before NPS OBLIGATES the funds, meaning before NPS approves the APPLICATION. Costs incurred before NPS OBLIGATES the funds can be eligible for reimbursement if they meet the PRE-AWARD PROJECT PLANNING COSTS or if a WAIVER OF RETROACTIVITY has been approved. Costs incurred starting before a CONTRACT is signed by the AUTHORIZED REPRESENTATIVE and DPR, are at the APPLICANT’S own risk. Submitting an APPLICATION does not guarantee funding in this COMPETITIVE program. LWCF Application Procedural Guide
Application Eligibility Card This technical assistance card is not an APPLICATION requirement. It covers significant issues that APPLICANTS and GRANTEES must be aware of to succeed in this federal program. Use the Eligibility Card on the following page to select a COMPETITIVE PROJECT that will meet the APPLICATION, GRANT administration, and POST COMPLETION PARK STEWARDSHIP requirements. Select a different PROJECT If one or more answers are “no”. A “no” means the APPLICATION/PROJECT would be ineligible. LWCF Application Procedural Guide
LWCF Application Eligibility Card APPLICATION Requirement Yes No 1 SCORP: Does the PROJECT meet at least one of the ACQUISITION or DEVELOPMENT SCORP action priorities listed beginning on page 11, and did the APPLICANT consider the PROJECT Selection Criteria beginning on page 51? □ eligible □ ineligible 2 ACQUISITION PROJECT: Will the APPLICANT become the land owner through the ACQUISITION? Or DEVELOPMENT PROJECT: Is the APPLICANT the land owner at the time of APPLICATION? □ eligible □ ineligible 3 6(f)(3) Map and PERPETUITY Will the entire PARK shown on the 6(f)(3) BOUNDARY MAP, using the map checklist on page 36, be protected, operated, and maintained according to the POST COMPLETION PARK STEWARDSHIP GUIDE? Or, will only a portion of the PARK shown on the 6(f)(3) BOUNDARY MAP be under federal protection, and the justification meets the criteria explained on page 39? □ eligible □ ineligible 4 Will the PROJECT Selection Criteria beginning on page 51 (including Step 2D questions 9a & 9b of the PD/ESF) be submitted by the February 3 APPLICATION deadline? And, will the rest of the APPLICATION Checklist items listed on page 19, including Section 106, CEQA, and the NPS Proposal Description/Environmental Screening Form (PD/ESF), be completed by the February 3 APPLICATION deadline or no later than April 1? □ eligible □ ineligible 5 The APPLICANT understands the MATCH and RATE OF REIMBURSEMENT explained beginning on page 6, and has funds to “cash-flow” 100% of the PROJECT costs before reimbursement. □ eligible □ ineligible 6 PROJECT COMPLETION Date: Will be completed no later than 3 years from the start date of the GRANT PERFORMANCE PERIOD? □ eligible □ ineligible LWCF Application Procedural Guide
10. Proposal Description/Environmental Screening Form (PD/ESF) Page 44 11. PROJECT Location Map Page 49 12. Photos of the PROJECT SITE Page 49 13. LW CF Community Fact Finder Report Page 49 14. PROJECT Summary Page 50 15. PROJECT Selection Criteria Page 51 ACQUISITION PROJECTS only (items 16 through 18 below) 16. Public Use Plan Page 63 17. UASFLA “Yellow Book” Appraisal with independent review or Waiver Page 65 18. Purchase Agreement or Other Document Showing Agreed Price Page 67 DEVELOPMENT PROJECTS only (items 19 through 20 below) 19. Evidence of Land Ownership Page 67 20. Concept Level Site Plan Page 67 Application Checklist Item # 1 LWCF Program Application Form Complete all the information requested on the LWCF Program APPLICATION Form shown on the next page. A fillable LWCF Program APPLICATION Form in either PDF or Word format is found on web site at: . LWCF Application Procedural Guide Application Checklist
Do NOT include MINOR SUPPORT AMENITIES in the GRANT SCOPE/Cost Estimate Form. Fold the cost of a MINOR SUPPORT AMENITY into the cost of its related RECREATION FEATURE. • Example: GRANT SCOPE is the “construction of a new playground”. The GRANTEE will have the flexibility to construct or not construct a MINOR SUPPORT AMENITY for the playground such as a bench, a sign, and a drinking fountain. The costs of a MINOR SUPPORT AMENITY will be accepted as part of the construction of the new playground. The construction of the new playground is the expected GRANT SCOPE deliverable for PROJECT COMPLETION. List the MAJOR SUPPORT AMENITIES (a or b below) in the GRANT SCOPE/Cost Estimate Form: a) List the construction of a new parking lot, restroom building, or other non- recreational facility on the GRANT SCOPE/Cost Estimate Form. b) Include a stand-alone item of work to improve the appearance or use of the general PROJECT SITE on the GRANT SCOPE/Cost Estimate Form only if its estimated cost, by itself, at the time of APPLICATION is $50,000 or greater. Include all MAJOR SUPPORT AMENITIES as stand-alone items of work, such as the construction of a new or RENOVATION of a parking lot, restroom building, or other non- recreational facility. Examples of how (b) would be included in the GRANT SCOPE/Cost Estimate Form: • “Landscaping for the general PROJECT SITE” (would be an expected GRANT deliverable only if the landscaping as a stand-alone item of work is estimated at $50,000 or more). • “A light fixture for the general PROJECT SITE” (would be an expected GRANT deliverable only if the light fixture is estimated at $50,000 or more). • If an estimated cost of an example above is less than $50,000, it is a MINOR SUPPORT AMENITY, and would be excluded on the GRANT SCOPE/Cost Estimate Form as an expected GRANT deliverable. Instead, the cost would be folded into its related RECREATION FEATURE. The $50,000 level is based on the estimated cost for each stand-alone MINOR SUPPORT AMENITY and is not based on a cumulative cost of multiple MINOR SUPPORT AMENITIES. As a reminder, see the reason for not including MINOR SUPPORT AMENITIES explained in the box above. LWCF Application Procedural Guide
Grant Scope/Cost Estimate Form Follow the directions starting on page 24. Total PRE-AWARD PROJECT PLANNING COSTS (from the attached Pre-Award Project Planning Costs Form) TOTAL PROJECT COST Maximum GRANT Request Minimum GRANT Request The APPLICANT understands that this form will be used to establish the expected GRANT deliverables that must be completed before final GRANT payment is processed as specified in the “GRANT Process - End of GRANT PERFORMANCE PERIOD” section found in the GRANT ADMINISTRATION GUIDE. See the ELIGIBLE COSTS charts starting on page 68 before creating a cost estimate. The APPLICANT also understands that the remaining portion of the estimated TOTAL PROJECT COST not funded by a LWCF grant is the required MATCH. APPLICANT’S AUTHORIZED REPRESENTATIVE Signature Date LWCF Application Procedural Guide
Application Checklist Item # 4 Pre-Award Project Planning Costs Form NPS recognizes the need for and allows PRE-AWARD PROJECT PLANNING COSTS incurred up to three years before the APPLICATION is submitted to OGALS or approved by NPS. If the APPLICATION is approved by NPS, the PRE-AWARD PROJECT PLANNING COSTS incurred within three years before the APPLICATION was submitted to OGALS become ELIGIBLE COSTS. PRE-AWARD PROJECT PLANNING COSTS for DEVELOPMENT projects per the NPS LWCF State Assistance Manual: “Therefore, for DEVELOPMENT PROJECTS the costs of site investigation and selection, site planning, feasibility studies, preliminary design, environmental review, preparation of cost estimates, construction drawings and specifications, and similar items necessary for PROJECT preparation may be eligible for assistance, although incurred prior to PROJECT approval.” PRE-AWARD PROJECT PLANNING COSTS for ACQUISITION PROJECTS per the NPS LWCF State Assistance Manual: “Similar costs may be allowable for ACQUISITION PROJECTS except those relating to appraisals, surveys, and other incidental costs to the purchaser that are precluded by the LWCF Act.” Unlike State grant programs administered by OGALS, this federally funded program does not have a 25% cap of the GRANT amount on PRE-AWARD PROJECT PLANNING COSTS. LWCF Application Procedural Guide
Pre-Award Project Planning Costs Form Note: a-e below are required information OGALS needs to report to NPS. Total Estimated Cost for PRE-AWARD PROJECT PLANNING COSTS: The APPLICANT understands that this form will be used to establish eligible PROJECT planning costs that were incurred within the past three years or will be incurred before the National Park Service approves the PROJECT. The APPLICANT understands that no other costs except for eligible PRE-AWARD PROJECT PLANNING COSTS can be incurred prior to National Park Service approval of the PROJECT, unless NPS approved a WAIVER OF RETROACTIVITY. See the ELIGIBLE COSTS charts starting on page 68 before creating a cost estimate. APPLICANT’S AUTHORIZED REPRESENTATIVE Signature Date LWCF Application Procedural Guide
Application Checklist Item # 5 WAIVER OF RETROACTIVITY is defined on page 77. Requesting a Waiver of Retroactivity: NPS will consider a request for a WAIVER OF RETROACTIVITY only when: 1. Immediate action is necessary, and: 2. The time required for OGALS and NPS to process an APPLICATION, OBLIGATE the funds, and issue a CONTRACT, would result in a loss of a significant opportunity. The WAIVER OF RETROACTIVITY is not limited to PRE-AWARD PROJECT PLANNING COSTS, because the waiver, if approved, can cover all ELIGIBLE COSTS including the actual ACQUISITION or DEVELOPMENT. The request for a WAIVER OF RETROACTIVITY must be received by OGALS and approved by NPS before the costs are incurred. If the costs are incurred before the WAIVER OF RETROACTIVITY is approved by NPS, the WAIVER OF RETROACTIVITY request will be rejected by NPS and the costs will never become eligible. To request a Waiver of Retroactivity: 1. Include a letter in the APPLICATION PACKET following the directions on the next page. 2. OGALS may forward the requested WAIVER OF RETROACTIVITY (letter) to the NPS by early March (approximately four weeks after the February 3 APPLICATION deadline). • If APPLICATION PACKETS contain significant technical issues showing a lack of readiness such as incomplete Section 106, CEQA, etc., OGALS may not forward the requested WAIVER OF RETROACTIVITY letter to NPS, until the technical issues are completed. 3. NPS will provide a decision to OGALS as soon as possible. OGALS will immediately inform the APPLICANT of NPS’ decision. 4. Do not incur ACQUISITION or DEVELOPMENT costs before the WAIVER OF RETROACTIVITY is approved by NPS. 5. If NPS approves the WAIVER OF RETROACTIVITY, the APPLICANT may proceed with the ACQUISITION or DEVELOPMENT and the costs will become eligible for reimbursement and MATCH if the APPLICATION is later approved by NPS and the APPLICANT becomes a GRANTEE. Granting a WAIVER OF RETROACTIVITY is only NPS’ acknowledgement of the need for immediate action; and it does not imply nor assure NPS approval of the PROJECT. The retroactive costs are incurred at the APPLICANT's risk. LWCF Application Procedural Guide
Waiver of Retroactivity Letter The letter must be included in the APPLICATION Packet as APPLICATION Checklist Item #5. • Use the APPLICANT’S letterhead. • Address the letter to the Chief, Office of Grants and Local Services. • Must be signed by the AUTHORIZED REPRESENTATIVE. • Provide the following information: For an ACQUISITION PROJECT: Describe the resources to be acquired, the public outdoor recreation uses proposed for the site, and the necessity to immediately acquire land prior to NPS approval of the APPLICATION as justification for the WAIVER OF RETROACTIVITY. Justification may include but is not limited to the land being sold on the open market that could be purchased by private developers for non-park purposes, an option purchase agreement with limited time, appraisal value fluctuations which could lead to changing costs, or expiring MATCHING funds. For a DEVELOPMENT PROJECT: Describe the planned DEVELOPMENT, the public outdoor recreation uses proposed for the site, and the necessity to immediately DEVELOP an area prior to NPS approval of the APPLICATION as justification for the WAIVER OF RETROACTIVITY. Justification may include but is not limited to permitting time strain, losing a construction bid, potential for construction costs to increase, expiring MATCHING funds, or nesting seasons. For DEVELOPMENT, attach a PD/ESF and the proposal must qualify for a federal Categorical Exclusion number under NEPA in Step 7 of the PD/ESF. • For All Applications: Conclude the letter with the following statement: “The _(name of APPLICANT) understands that if NPS approves this WAIVER OF RETROACTIVITY request, it is only NPS’ acknowledgement of the need for immediate action; and it does not imply nor assure that NPS approves the PROJECT and will award the GRANT. The _(name of APPLICANT) understands that the retroactive costs are incurred at our risk.” LWCF Application Procedural Guide
CEQA Compliance Certification Form applicant/grantee: PROJECT Name: PROJECT Address: When was CEQA analysis completed for this PROJECT? Date: What documents were filed for this PROJECT’S CEQA analysis: (check all that apply)  Initial Study  Notice of Exemption  Negative Declaration  Mitigated Negative Declaration  Environmental Impact Report  Other Please attach all checked documents. If these forms were not completed please attach a letter from the Lead Agency explaining why, certifying the PROJECT has complied with CEQA and noting the date that the PROJECT was approved by the Lead Agency. Lead Agency Contact Information: Agency Name: Contact Person: Mailing Address: Phone: ( ) Email: Certification: I hereby certify that the Lead Agency listed above has determined that it has complied with the California Environmental Quality Act (CEQA) for the PROJECT identified above and that the PROJECT is described in adequate and sufficient detail to allow the PROJECT’S construction or ACQUISITION. I certify that the CEQA analysis for this PROJECT encompasses all aspects of the work to be completed with GRANT funds. AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE (Signature) (Printed Name and Title) LWCF Application Procedural Guide
Application Checklist Item # 10 Proposal Description/ Environmental Screening Form (PD/ESF) Plan accordingly to complete the PD/ESF by the February 3 APPLICATION deadline or no later than April 1. The PD/ESF is a federal form designed by NPS for use as a tool during PROJECT scoping, planning, and proposal DEVELOPMENT, especially to document environmental information and consider the LWCF proposal’s possible environmental impacts. The ESF portion serves as part of the federal administrative record required by NEPA. The PD/ESF in Word format is found on the NPS web site at: Steps and guidance to complete the PD/ESF are provided below. The “Steps” below correlate with the “Step” sections of the PD/ESF. Steps to complete the PD/ESF: These steps are required by NPS for APPLICATIONS only. Skip steps 2.C and 3-4 of the PD/ESF, because step 2.C is for a combination PROJECT (not used in California) and steps 3-4 are not for APPLICATIONS. Cover Page Step 1 Type of LWCF Proposal Step 2.A For an ACQUISITION PROJECT Step 2.B For a DEVELOPMENT PROJECT Step 2.D Additional Items to Address for a New APPLICATION Step 5 Summary of Previous Environmental Review Step 6 Environmental Screening Form (ESF) Part A Environmental Resources Part B Mandatory Criteria Step 7 Recommended National Environmental Policy Act (NEPA) Pathway and State Appraisal/Waiver Valuation LWCF Application Procedural Guide
why the chosen impact level is appropriate. Briefly describe the mitigation for each impact if there a proposed actions to mitigate the impact in the CEQA documents. Use separate sheets for the explanations clearly identified with the environmental resource number and name per the chart. • If you answer “Impacts Exceed Minor” or “More Data Needed to Determine Degree of Impact” for any of the environmental resources, you must develop an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Contact your PROJECT OFFICER for further assistance. Step 6B • Answer each question with “Yes”, “No” or “To Be Determined” with the mitigation measures identified in the CEQA considered. • Explain all “Yes” and “To Be Determined” answers on a separate sheet with the mandatory criteria number and question clearly identified. • If you answer “Yes” or “To Be Determined” for any of the mandatory criteria, you must develop an Environmental Assessment (EA) or Environmental Impact Statement (EIS) regardless of your answers in Step 6.A. Contact your PROJECT OFFICER for further assistance. Step 7 • You can select a federal Categorical Exclusion number (CE #) appropriate to your proposal from the lists following Step 7. The federal CE # is not the CEQA Categorical Exemption number. • A federal CE # can be selected only when Step 6A and 6B both indicate that the proposal will not result in more than minor impacts on resources (see Steps 6A and 6B). • If a federal CE # cannot be selected, then you must develop an Environmental Assessment (EA) or Environmental Impact Statement (EIS) to include with the PD/ESF. Contact your PROJECT OFFICER for further assistance. • NPS will review the PD/ESF and CEQA documentation and will sign its own CE form signifying the proposal is categorically excluded from further NEPA analysis, per the NPS LWCF State Assistance Manual in Chapter 4.B.6.a on page 4-6. • The APPLICANT does not sign the PD/ESF. The OGALS Chief will sign the PD/ESF as the Alternate State Liaison Officer (ASLO). LWCF Application Procedural Guide
1. Unmet Need Describe the need for the ACQUISITION or DEVELOPMENT by answering either A through B for ACQUISITION or C through D for DEVELOPMENT: A-B below is for ACQUISITION only and C-D is for DEVELOPMENT only. A high priority PROJECT will address more than one of the SCORP priorities starting on page 9 and will address an urgent unmet need compared to other statewide applications. ACQUISITION: Respond to A and B below only if ACQUISITION (three pages or less) A. Was this land on the open-market before the purchase agreement was entered into, or was/is there any evidence or threat that it could be available for non-PARK DEVELOPMENT within the next two years? See WAIVER OF RETROACTIVITY on page 30 if the ACQUISITION is urgent. B. Why is this ACQUISITION a high priority PROJECT to serve the current and future generations of the region, city-wide public, or neighborhood residents (based on the type of PARK and the SCORP/LWCF priorities described in the PROJECT summary)? The scale below shows that 20 points will be given to high priority ACQUISITIONS. 20-15 This ACQUISITION is a high priority compared to other statewide APPLICATIONS. 14-10 This ACQUISITION is an above average priority compared to other statewide APPLICATIONS. 9-1 There was/is no threat that the land could be acquired for non- PARK DEVELOPMENT within the next two years. Or, this is not a high or above average priority opportunity compared to other statewide ACQUISITIONS. 0 No response DEVELOPMENT: Respond to C and D below only if DEVELOPMENT (three pages or less) C. Why is this DEVELOPMENT a high priority PROJECT to serve the region, city-wide public, or neighborhood residents (based on the type of PARK and the SCORP/LWCF priorities described in the PROJECT summary)? D. If this proposed DEVELOPMENT is not completed in the next five years, what effect will the continued lack of this proposed recreational opportunity(s) have on the region, city-wide public, or neighborhood residents? LWCF Application Procedural Guide
2. Type of Project Use the following format to identify the type of PROJECT by checking the appropriate field below based on what will be accomplished with the GRANT and MATCH. Type of PROJECT Check appropriate field Points ACQUISITION to create a NEW PARK □ 10 DEVELOPMENT to create a NEW PARK □ 8 ACQUISITION to EXPAND an existing PARK □ 6 DEVELOPMENT to improve an existing PARK □ 4 A maximum of 10 points will be given to ACQUISITION projects for the creation of a NEW PARK. LWCF Application Procedural Guide
3. New acreage placed under 6(f)(3) protection Technical assistance is available on page 49. Provide information about PARK acreage to be placed under 6(f)(3) protection that is not currently under 6(f) (3) protection, if the GRANT is awarded by using the chart below: • For an ACQUISITION that will EXPAND an existing PARK, the APPLICANT can include the PARK acreage of the existing PARK, in addition to the proposed ACQUISITION of that parcel(s), only if the existing PARK is not under 6(f)(3) protection. PARK acreage already under federal 6(f)(3) protection will not be considered in this criterion (meaning do not report or count the number of protected acres as part of the response). Type of PROJECT Parcel Number(s) shown on 6(f)(3) BOUNDARY MAP Number of acres to be placed under new 6(f)(3) protection shown on the 6(f)(3) BOUNDARY MAP ACQUISITION to create a new PARK ACQUISITION to EXPAND an existing PARK (can include existing PARK’S acreage only if it is not already under 6(f)(3) protection.) DEVELOPMENT to create a new PARK DEVELOPMENT to improve an existing PARK (can include existing PARK’S acreage only if it is not already under 6(f)(3) protection.) The scale below shows that 10 points will be given to APPLICATIONS proposing to place new acreage under 6(f)(3) protection that is not currently already under 6(f) (3) protection. Points 10 The PARK will include new acreage 0 The entire PARK is already under 6(f)(3) protection, or no information provided LWCF Application Procedural Guide
6. Public Input The response to Step 2D questions # 9a #9b of the PD/ESF explained on page 45 describes the public input process for this PROJECT. OGALS will review the PD/ESF response to step 2D Questions # 9a and # 9b explained on page 44 to determine if the public input process included all steps required by NPS. Additionally, in case the PD/ESF is incomplete or revised after the February 3 application deadline, provide the response to step 2D Questions # 9a and # 9b explained on page 44 here under “6. Public Input” as a placeholder. A response to Step 2D questions # 9a #9b of the PD/ESF must be provided in the original February 3rd Application Package. The scale below shows that a maximum of 10 points will be given to APPLICANTS that incorporated a public input process that included all steps required by NPS in the PD/ESF. 10 The APPLICANT’S public input process described in the PD/ESF addresses all steps required by NPS. 0 The APPLICANT’S public input process described in the PD/ESF does not address all steps required by NPS. The APPLICATION will not be considered ready for NPS OBLIGATION if the public input process occurred more than five years ago, or otherwise does not meet the steps required by NPS through the PD/ESF. LWCF Application Procedural Guide
• Areas and facilities to be used exclusively for game refuges or fish production purposes, and are not compatible to outdoor recreation. • Areas to be used mainly for construction of indoor facilities. • Areas with existing indoor recreational or non-recreational facilities or buildings that if left in place, will not leave enough space for public outdoor recreation. • Sites containing luxury lodges, hotels, motels, restaurants and similar elaborate facilities that are to be operated by the APPLICANT or a concessionaire to provide food or sleeping quarters. • Federal surplus property. Source: NPS LWCF State Assistance Manual in Chapter 3.B on pages 3-4 through 3-7 found on the NPS web site at: . Application Checklist Item # 17 Appraisal and Independent Review/ Waiver Valuation (For ACQUISITION PROJECTS only) LWCF ACQUISITIONS must have for each parcel to be acquired either: • One appraisal by a qualified appraiser with independent appraiser’s review certifying that it meets the “Yellow Book” UNIFORM APPRAISAL STANDARDS FOR FEDERAL LAND ACQUISITIONS (UASFLA) (A below), or • Documentation for the value using the waiver valuation method when the estimated property value is less than $10,000 (B below) A. Provide a copy of the appraisal for each parcel to be acquired and a copy of the independent appraiser’s review certifying that the appraisal complies with the UASFLA also known as the “Yellow Book”. B. Or, provide a copy of the documentation for the purchase price that is determined for a waiver valuation in the case of property which is less than $10,000. • See below for requirements for the appraisal, independent appraiser’s review or waiver valuation. ACQUISITION PROJECTS are bound by federal law relating to the valuation of real estate because this is a federal funding source. This is why A above is required. It is critical to select an appraiser familiar with UASFLA (“Yellow Book”) to do your appraisal and its independent appraiser’s review. • Uniform Standards of Professional Appraisal Practice (USPAP) compliance alone will not result in UASFLA compliance. UASFLA federal standards are considered “Supplemental Standards” to the Uniform Standards of Professional Appraisal Practice (USPAP). See the NPS LWCF State Assistance LWCF Application Procedural Guide
Eligible Costs Chart This section provides rules and examples of ELIGIBLE COSTS for ACQUISITION and DEVELOPMENT. Acquisition Costs The following provide examples of ELIGIBLE COSTS for ACQUISITION. ACQUISITION COSTS (Up to 100% of GRANT Amount) EXAMPLES Purchase price of the property and relocation costs (Note: LWCF will not reimburse “incidental costs”. Per the NPS LWCF State Assistance Manual in Chapter 4.D.7.f. on page 4-23: “The LWCF Act precludes using Fund assistance for incidental costs relating to ACQUISITION.” These incidental costs include preliminary title reports, appraisal fees, escrow costs, and title insurance fees – all not eligible.) • Cost of the land (but not incidental costs of preliminary title reports, appraisal fees, escrow costs, and title insurance fees) • Relocation costs: costs resulting in displacement of tenants (not willing sellers or GRANTEES) pursuant to Government Code §7260 – 7277. o If the GRANT is not paying for relocation costs, the GRANTEE must ensure that the seller is paying displaced tenants in compliance with Government Code §7260 – 7277. • Employee services: see accounting rules for employee services explained in the GRANT ADMINISTRATION GUIDE. • PROJECT/GRANT administration and accounting LWCF Application Procedural Guide
Development Costs DEVELOPMENT includes PRE-AWARD PROJECT PLANNING COSTS. The following charts provide examples of ELIGIBLE COSTS for PRE-AWARD PROJECT PLANNING COSTS and CONSTRUCTION COSTS. PRE-AWARD PROJECT PLANNING COSTS EXAMPLES Costs incurred during the planning, design, and permit phase of the project, before construction begins. These cost may be incurred up to three years prior to sending the APPLICATION to OGALS, and still be reimbursed or eligible for MATCH. See page 28. • Public meetings/focus groups/design workshop costs. • Plans, specifications, construction documents, and cost estimates. • Permits. • CEQA (see page 42). • PD/ESF Form or NEPA analysis (see page 44). • Section 106 (see page 40). • Premiums on hazard and liability insurance to cover personnel or property. • Bid packages. • Employee services: see accounting rules for employee services explained in the GRANT. ADMINISTRATION GUIDE. • PROJECT/GRANT administration (excluding GRANT writing) and accounting. CONSTRUCTION COSTS EXAMPLES Costs incurred during the construction phase of the PROJECT when ground- breaking construction activities such as site preparation, grading, or gutting begins. • Site preparation, grading, gutting. • Foundation work. • Purchase and installation of permanent equipment: playground equipment, benches, signs, display boards, sound systems, video equipment etc. • Construction supplies and materials: may be drawn from central stock if claimed costs are no higher than supplies or materials purchased elsewhere. LWCF Application Procedural Guide
INELIGIBLE COSTS EXAMPLES OF INELIGIBLE COSTS Cannot be charged to the GRANT • Outside the GRANT PERFORMANCE PERIOD – costs incurred before or after the GRANT PERFORMANCE PERIOD. Exception is only when PRE-AWARD PROJECT PLANNING COSTS are identified on the PRE- AWARD PROJECT PLANNING COSTS Form and approved by NPS. • Overhead business expenses of the GRANTEE’S fixed or ordinary operating costs: (rent, mortgage payments, property taxes, utilities, office supplies). • Outside PARK/PROJECT SITE boundaries – Streets, traffic lights, or other infrastructure not located within the PARK/PROJECT SITE. • Incidental costs relating to ACQUISITION of real property and of interests in real property, unless allowable under the Uniform Relocation Assistance and Real Property Policies Act, P.L. 91- 646.” These incidental costs include preliminary title reports, appraisal fees, escrow costs, and title insurance fees – all not eligible. • Fundraising. • Food. • GRANT Writing. • Street improvements or other infrastructure not located within the Section 6(f)(3) BOUNDARY MAP. • Costs for staffing programs. • Brochures. • Operation and maintenance costs of facilities. • Employee residences and furnishings. LWCF Application Procedural Guide
Definitions Capitalized words and terms used in this procedural guide are defined below. ACQUISITION – to obtain fee title of real property or a permanent easement, which gives rights for the GRANTEE to use the property to accommodate public PARK and recreation access in PERPETUITY. A lease or rental is not considered ACQUISITION. APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR, and is requesting GRANT funding through a COMPETITIVE process. APPLICATION PACKET – the APPLICATION Form and its required attachments listed in the APPLICATION Checklist on page 19. APPORTIONMENT TO CALIFORNIA – the amount of new authority given to NPS to OBLIGATE LWCF GRANT funds to PROJECTS in California after Congress approves the appropriation for the federal fiscal year. The federal fiscal year starts October 1. AUTHORIZED REPRESENTATIVE – the APPLICANT’S/GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents. The AUTHORIZED REPRESENTATIVE may designate an alternate by informing OGALS in writing. BOUNDARY MAP 6(f)(3) - a tool used as communication between NPS, OGALS, and GRANTEES that: • Shows the agreed boundaries of the protected PARK site at the time of PROJECT approval pursuant to Section 6(f)(3) of the LWCF Act and Title 36, Part 59 in the U.S. Code of Federal Regulations. • Helps with site inspections for compliance with POST-COMPLETION PARK STEWARDSHIP STANDARDS. When a LWCF PROJECT is completed, the land within the approved 6(f)(3) BOUNDARY MAP is placed under federal protection to preserve the public’s outdoor recreational use of the site in PERPETUITY. BUREAU OF OUTDOOR RECREATION (BOR) – the federal agency that administered LWCF prior to NPS from 1964 to 1978. CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information see . LWCF Application Procedural Guide
COMMITTED FUNDS – at the time when the APPLICATION PACKET is sent to OGALS, the APPLICANT has possession of additional funds that will be spent on the PROJECT, or has a CONTRACT or other binding agreement with another entity(s) OBLIGATING funds that will be spent on the PROJECT. Funds that are not in the APPLICANT’S possession or not OBLIGATED through a binding agreement are not COMMITTED FUNDS. COMPETITIVE – funds made available to eligible LOCAL AGENCIES pursuant to Public Resource Code §5099.12, through a COMPETITIVE APPLICATION process where all statewide applications are ranked using the PROJECT Selection Criteria. CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, and other GRANT obligations between the GRANTEE and DPR. DEVELOPMENT – to construct a new RECREATION FEATURE or MAJOR SUPPORT AMENITY. RENOVATION of an existing RECREATION FEATURE is also considered DEVELOPMENT. DPR – the California Department of Parks and Recreation. ELIGIBLE COSTS – PRE-AWARD PROJECT PLANNING COSTS and expenses incurred during the GRANT PERFORMANCE PERIOD to complete the GRANT SCOPE approved by OGALS through a fully executed CONTRACT. Costs of MINOR SUPPORT AMENITIES are combined with costs associated with RECREATION FEATURES and MAJOR SUPPORT AMENITIES. ENCUMBERED – when a CONTRACT for a LWCF GRANT is signed by the APPLICANT and DPR. At this point, the APPLICANT becomes a GRANTEE. EXPAND – the PROJECT will add PARK acreage to an existing adjacent PARK. GRANT – amount of funds made available to a GRANTEE for completion of the GRANT SCOPE during the GRANT PERFORMANCE PERIOD. GRANTEE – an entity having a CONTRACT with DPR for a GRANT funded by the Land and Water Conservation Fund. GRANT ADMINISTRATION GUIDE – the document titled the “LWCF GRANT ADMINISTRATION GRANT” provides requirements and forms for GRANT administration after an APPLICANT becomes a GRANTEE. GRANT PERFORMANCE PERIOD – the period of time shown on the CONTRACT, starting with the date NPS OBLIGATES the funds for the PROJECT, that ELIGIBLE COSTS may be incurred by the GRANTEE and charged to the GRANT. • Exception: See PRE-AWARD PROJECT PLANNING COSTS and WAIVER OF RETROACTIVITY costs that can be incurred before NPS OBLIGATES the funds for the PROJECT, and then later reimbursed after the APPLICANT becomes a GRANTEE. LWCF Application Procedural Guide
GRANT REQUEST RANGE – the highest and lowest amount requested by an APPLICANT through the same APPLICATION. • Maximum of Range: 50% of the TOTAL PROJECT COST, up to $2 million per APPLICATION. • Minimum of Range: The lowest LWCF GRANT amount that the APPLICANT is willing to accept through the same APPLICATION. GRANT SCOPE – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment. HERITAGE CONSERVATION AND RECREATION SERVICE (HCRS) - the federal agency that administered LWCF prior to NPS from 1978 to 1981. JOINT POWERS AUTHORITY – an agreement between a city, county, and/or a district to perform services, cooperate with, or lend powers for the operation and maintenance of PARK land. For a JOINT POWERS AUTHORITY to be an eligible APPLICANT, at least one member of the JOINT POWERS AUTHORITY must be a LOCAL AGENCY and all members must be public agencies. LWCF – the federal Land and Water Conservation Fund. LESSER UNIT – a 6(f)(3) BOUNDARY MAP for a separate and smaller part of a PARK that can meet specific justifications for not covering the entire PARK on the 6(f)(3) BOUNDARY MAP. See page 39. LOCAL AGENCIES – • Counties, cities, recreation and park districts and special districts with authority to acquire, operate, and maintain public PARK and recreation areas. • Federally recognized Native American tribes. • JOINT POWERS AUTHORITIES (JPA) where all members are public agencies, and that can include a State Agency, if at least one member is a local (non-State) public agency or district formed for the purpose of providing public PARK and recreation areas. LOCAL AGENCY COMPETITIVE PROGRAM – the process and PROJECT selection criteria for counties, cities, recreation and PARK districts and special districts with authority to acquire, operate, and maintain public PARK and recreation areas, and federally recognized Native American tribes, where the APPLICANTS can compete for a GRANT using this APPLICATION Guide. MATCH – amount required to make up the difference between the LWCF GRANT amount requested (the federal share) and the TOTAL PROJECT COST. The GRANTEE must submit ELIGIBLE COSTS to cover both the LWCF GRANT amount and MATCH (TOTAL PROJECT COST established at the time of APPLICATION) in order to be reimbursed the full LWCF GRANT amount. LWCF Application Procedural Guide
MAJOR SUPPORT AMENITY– 1. Parking lot, restroom building, or other non-recreational facility located within a PROJECT SITE. 2. An improvement to the appearance and safety of the general PROJECT SITE such as landscaping, public art additions, lighting, security cameras, and signage, only when the item, by itself, is estimated to cost $50,000 or more at the time of APPLICATION. MINOR SUPPORT AMENITY – a permanent single purpose stand-alone item that is not a RECREATION FEATURE, including but not limited to a sign, bench, and drinking fountain estimated to cost, by itself, less than $50,000 at the time of APPLICATION. NEPA – the National Environmental Protection Act NEW PARK – a PARK that did not exist before the APPLICATION deadline. NEW RECREATIONALOPPORTUNITY – construction of a new RECREATION FEATURE where none currently exists. Or, for RENOVATION, an existing RECREATION FEATURE will be changed beyond its original condition so that it allows for EXPANDED use. NPS – the National Park Service OBLIGATE – when NPS approves a PROJECT and enters into a funding agreement with DPR/OGALS to designate the GRANT funds for the PROJECT. OGALS – the California Department of Parks and Recreation’s Office of Grants and Local Services. OPEN PROJECT SELECTION PROCESS – the use of COMPETITIVE PROJECT Selection Criteria shown in this APPLICATION GUIDE to recommend California’s LWCF GRANT PROJECTS to NPS. OPEN SPACE – a natural or landscaped portion of the PROJECT designed specifically for active or passive outdoor recreation, or to be a wildlife preserve. PARK – land for the general public’s physical and social health that provides RECREATION FEATURES for outdoor or indoor athletic activities, cultural enrichment, nature appreciation, or other active or passive recreational activities, and which includes a portion of OPEN SPACE. Under this definition, a greenway or linear PARK is also a PARK. A school is not a PARK and a community center on land that does not include an adjacent portion of OPEN SPACE is not a PARK. PERPETUITY – the required STEWARDSHIP of land for eternity within a 6(f)(3) BOUNDARY MAP approved by the NPS. POST COMPLETION PARK STEWARDSHIP GUIDE – a guide available from OGALS that explains NPS’ operation and maintenance requirements in PERPETUITY for land within a 6(f)(3) BOUNDARY MAP approved by the NPS. LWCF Application Procedural Guide
PRE-AWARD PROJECT PLANNING COSTS – costs incurred prior to NPS’ PROJECT approval necessary for PROJECT preparation. Examples include site investigation and selection, site planning, feasibility studies, CEQA/NEPA environmental review, Section 106, and the PD/ESF Form, preliminary design, preparation of cost estimates, construction drawings and specifications. PROJECT – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form. PROJECT COMPLETION – when the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE /Cost Estimate Form are complete and the facilities are open and useable by the public. With approval by OGALS, PROJECT COMPLETION may occur before the facilities are open and useable by the public. PROJECT OFFICER – an OGALS employee who acts as a GRANT administration contact for APPLICANTS and GRANTEES. PROJECT SITE – the entire PARK property. RATE OF REIMBURSEMENT – The "RATE OF REIMBURSEMENT" is based on the percentage of the LWCF GRANT amount in relation to the TOTAL PROJECT COST established at the time of APPLICATION. This percentage will be reimbursed to the GRANTEE out of the TOTAL PROJECT COST when the ELIGIBLE COSTS are incurred and listed on the GRANT Expenditure Form submitted by a GRANTEE to OGALS. RECREATION FEATURE – a facility that provides active or passive recreational use. The ACQUISITION of land is also considered a RECREATION FEATURE. RENOVATION – construction to change an existing RECREATION FEATURE beyond its original condition so that it creates a NEW RECREATION OPPORTUNITY and EXPANDED use. 6(f)(3) BOUNDARY MAP - a tool used as communication between NPS, OGALS, and GRANTEES that: • Shows the agreed boundaries of the protected PARK site at the time of PROJECT approval pursuant to Section 6(f)(3) of the LWCF Act and Title 36, Part 59 in the U.S. Code of Federal Regulations. • Helps with site inspections for compliance with POST-COMPLETION PARK STEWARDSHIP STANDARDS. When a LWCF PROJECT is completed, the land within the approved 6(f)(3) BOUNDARY MAP is placed under federal protection to preserve the public’s outdoor recreational use of the site in PERPETUITY. SCORP (STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN) – an analysis and report updated every five years as required by LWCF to identify California’s public outdoor recreation needs and priorities. LWCF Application Procedural Guide