WYOMING HANDBOOK FOR
THE LAND AND WATER CONSERVATION FUND
FORWARD
The Land and Water Conservation Fund Act was originally passed by Congress in 1965. The Act was intended to provide federal financial assistance for the acquisition and/or development of public outdoor recreational lands and facilities. Financial assistance is granted on a 50 percent reimbursable basis. The project sponsor is to pay the total cost, after which ½ of the cost will be repaid to the sponsor from federal funds.
The Act is administered at the federal level by the Department of the Interior, National Park Service. The regional office that serves this area is in Omaha, Nebraska. At the state level it is administered by Wyoming State Parks, Historic Sites and Trails under the direction of the Wyoming Parks and Cultural Resources Commission.
This handbook is a summary of the rules and regulations as set forth in the Land and Water Conservation Fund Grant Manual. A copy of the manual can be purchased from the National Park Service Midwest Regional Office, 601 Riverfront Drive, Omaha, Nebraska 68102.
Wyoming Department of State Parks & Cultural Resources
2004 Revised Edition
TABLE OF CONTENTS
PREFACE
The 2004 Edition of the "Handbook for Outdoor Recreation Projects" contains certain revisions; including the eligibility for certain types of enclosed facilities, leases and Section 504 requirements. This revision replaces all previous handbooks until further notice or revisions are provided.
WHO IS ELIGIBLE FOR ASSISTANCE
The Land and Water Conservation Fund Act provides for grants only to states and through them to their political subdivisions. State agencies, counties, cities, towns, school districts and special assessment districts, such as a recreation district are eligible to sponsor projects under this program. Private individuals and organizations are not eligible for assistance under this program, even if they are non-profit or charitable organizations.
Areas acquired or developed with Land and Water Conservation Fund assistance are dedicated to the exclusive use of public outdoor recreation forever.
The project sponsor must agree to develop, operate and maintain in accordance with the Land and Water
Conservation Fund State Assistance Program Federal Financial Assistance Manual, Volume 69, October
1, 2008.
PROJECTS ELIGIBLE FOR ASSISTANCE
Only costs for acquisition or development of public outdoor recreation areas are eligible. All must be incurred AFTER a formal project agreement has been signed for the project.
Expenses for planning and engineering that are necessary to prepare the project for submission can be included in the eligible costs. This is the only exception to the "no retroactive costs rule." If any other work is performed or title to the land accepted prior to federal approval, the expenses incurred are not eligible for reimbursement.
Following are examples of facility development that would be eligible for reimbursement. This listing is not meant to be all inclusive but merely suggestive of what has been funded in the past.
ARCHERY RANGES
BALLFIELDS - Baseball, softball, soccer, etc. could include lighting, fencing, dugouts, etc.
BLEACHERS - Portable type bleachers of several hundred capacity will usually be eligible. Permanent grandstands will be considered on an individual basis.
BOAT DOCKS AND BOAT LANDING RAMPS - Only if no Dingle-Johnson funds are available.
BUILDINGS - in support of public outdoor recreation are eligible; such as restrooms, storage buildings, service buildings, and small concession buildings.
CAMPGROUNDS - can include facilities for either overnight camping or group camping such as a youth camp with primitive type cabins.
FENCING
FISHING PONDS - Subject to availability of Dingle-Johnson funds.
GOLF COURSES - can include sprinkler system, pro-shop, etc., but CANNOT include large meeting rooms, bars, dining rooms, etc.
ICE SKATING PONDS
LANDSCAPING
MULTI-PURPOSE COURTS - for basketball, volleyball, etc.
PARKING FACILITIES - in support of outdoor recreation.
PATHWAYS AND TRAILS - such as bridle paths, bicycle, pedestrian.
PICNIC FACILITIES - can include tables, grills, benches, trash receptacle, and picnic shelters.
PLAYGROUND EQUIPMENT - such as slides, merry-go-rounds, etc., but not equipment such as bats, balls, etc.
ROADS - within the park are eligible; city streets around the park are not eligible. Access roads from a public thoroughfare to the park area may be eligible if they do not serve any other purpose.
SHOOTING RANGES - for rifles, pistols, skeet, etc.
SIDEWALKS - within the park are eligible but perimeter sidewalks normally are not.
SIGNS - such as information, directional or acknowledgment.
SITE IMPROVEMENTS - such as grading, land leveling, retaining walls, draining structures, etc.
SKI AREAS - including ski lifts.
SNOWMOBILE FACILITIES - such as trails and race tracks.
SWIMMING BEACHES AND POOLS - can include bathhouse.
TENNIS COURTS - which can also be lighted.
UTILITY SYSTEMS - which must be underground. No overhead wiring systems are eligible for reimbursement. If there are any existing overhead utility lines, they are to be buried, relocated, or screened from view. Cost of burying, relocation, or screening would be an eligible project cost.
PROJECTS NOT ELIGIBLE FOR ASSISTANCE
A. All indoor facilities except ice skating rinks and swimming pools.
B. Restoration or preservation of historic structures. However, outdoor recreation facilities in conjunction
with historic sites or structures may be eligible.
C. Areas and facilities to be used primarily for semi-professional or professional arts and athletics, such as outdoor theaters, rodeo arenas, and similar facilities.
D. Amusement facilities, convention facilities, livestock and produce exhibit facilities. E. Employee residences.
F. Lodges, motels, luxury cabins, or similar elaborate facilities.
G. Support facilities, such as roads and sewer systems, to serve ineligible facilities. H. Interpretive facilities which go beyond interpreting the project site.
I. School "athletic plant" facilities, such as stadiums and running tracks for interscholastic activities.
J. Outdoor recreation and outdoor recreation supported facilities that are to be used exclusively by the handicapped.
K. Facilities at a zoo for the purpose of housing, caging displaying, or caring for animals.
L. Roads that are outside the park or recreation area unless they are for access to the recreation area only and serve no other individual area or purpose.
M. There are no federal funds available under this program for operation and maintenance. Sponsors must agree to operate and maintain the area or facilities at their own expense. Under this program there are not funds available for recreational activities such as salaries for instructors, baseball uniforms, etc.
N. Development projects constructed on leased property, with the exception of lands leased from a federal agency.
SCHOOLS
Projects sponsored by a school district or projects on or adjacent to school lands are eligible if they are to serve the general public recreation need. Facilities needed to meet the physical education and athletic program requirements of a school, or those that are a part of the normal and usual program and responsibility of educational institutions are not eligible for Land and Water Conservation Fund assistance.
The basic concept is that Land and Water Conservation Fund assistance can be used to expand facilities so
that they may be available for community use. An example would be if a school has a tennis court and desires to add lighting to it so it could be used by the public in the evening. Another example, a school has a football field for their varsity games and desires to construct another field for grassed area activities for the general public. This would not preclude exclusive school use of certain facilities at certain specified times for instruction or competition provided there is adequate public use at other times. Support facilities are eligible
to the extent that they are needed to meet the designed public recreation use capacity.
SIGNS MUST be installed informing the public that the facilities are open to the general public. They also are to show the times when the facilities are reserved for exclusive school use.
An estimate of the amount of time the area will be used by the general public and the amount of time it will
be used for exclusive school purposes must be enclosed with an application for a project to be on school lands. A time schedule showing exclusive school use MUST accompany the project application.
APPROVAL TIME AND PROCEDURES
Sponsors should be aware that a considerable amount of time and paperwork is necessary before the project receives final approval. Construction may not begin on the project until a formal project agreement has been signed by the Wyoming State Parks and Historic Sites and the National Park Service.
A. Adequate documentation must be submitted by the project sponsor to the Wyoming State Parks and
Historic Sites. A listing of what is to be submitted is included elsewhere in this handbook.
B. Approval must be secured from the Wyoming State Parks and Historic Sites. The Wyoming Parks and Cultural Resources Commission reviews the applications for Land and Water Conservation funds once a year. Project applications to be considered must be in the Wyoming State Parks and Historic Sites office by December 30 of each year.
C. State Parks and Historic Sites Intergovernmental Review Office must be given time to comment on the project application. By law, they have thirty days in which to review the project and comment thereof. If the project conflicts with some other program or project, or if there are other unfavorable comments, more time may be lost in resolving conflicts.
D. The project is submitted to the National Park Service for their review and approval. The review process in both the Omaha office and then the Washington D.C. office has averaged 4-6 weeks.
E. All projects approved will have to start development work within nine (9) months after the formal
project agreement is signed. If work has not been started within this nine (9) month period, the project will be withdrawn.
Project sponsors are urged to submit their project application at least six (6) to twelve (12) months before the actual construction is to begin. A project that is complicated or of a questionable nature may take longer for approval. Time can usually be saved by submitting adequate documentation to State Parks and Historic Sites with the project application. It is better to submit TOO much detail rather than not enough.
Acquisition projects take more time to process than projects without acquisition. Projects with acquisition by donation take even longer to get approval than other projects
DOCUMENTS TO BE SUBMITTED
A. Three (3) copies of the L&WCF Project Application and PD_ESF Form. Blank applications are available from the Wyoming State Parks and Historic Sites and on-line at http://wyoparks.state.wy.us/index.asp
B. Copy of signed resolution or minutes of meeting whereby the sponsor authorized the project and funds have been made available.
C. Evidence of land control. If area leased by project sponsor is from a federal agency, enclose a copy of the LEASE. If owned by sponsor, enclose a copy of a TITLE OPINION signed by the sponsor's attorney or a copy of “TITLE INSURANCE”.
D. Breakdown of estimated project costs.
E. Maps and Plans (Three (3) copies of each).
1. Area map.
2. Subdivision plat of boundary map (outlined in red) which agrees with the legal description of the
Title Opinion.
3. Site map of present and proposed facility.
4. Floor plans of all proposed building showing conformance with the Architectural Barriers Act and
Section 504.
5. Number of acres in project.
F. Description of environment and how the proposed project will affect it.
Statement that P.L. 93-646 "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" has been or will be followed. (Only if acquisition is involved. See section on acquisition projects.)
Projects that do not have all the documentation completed will not be reviewed by the Commission for approval. You are encouraged to get your application in early so that the staff may review it and get back with the sponsors for any missing documentation.
CONVERSION TO OTHER USES
Property acquired or developed with Land and Water Conservation Fund assistance shall not be converted to other than public outdoor recreation uses without prior approval of the director of the National Park Service. The director's approval will not be given unless the substitution of other outdoor recreation properties of at least equal fair market value and of reasonable usefulness, quality and location is guaranteed. Replacement property is subject to the provisions of the Uniform Relocation Assistance and Real Property Act of 1970.
Property acquired or developed for one type of recreational activity may not be converted to another recreational activity unless prior approval is obtained from the director of the National Park Service. Requests for change in use must be coordinated through the Wyoming State Parks and Historic Sites.
Any proposals to convert property acquired or developed with Land and Water Conservation Fund assistance to other than public outdoor recreation uses or to other than the proposed uses must be sent to the Wyoming State Parks and Historic Sites.
RELATED FEDERAL ACTS
Sponsors of Land and Water Conservation fund assisted projects shall comply with applicable Federal laws and regulations relating to the acquisition and development of public properties such as:
A. The National Environmental Policy Act of 1969, as amended (P.L. 91-190, 42 U.S.C. 4321 et. seq.) B. The Clean Air Act, as amended (42 U.S.C.) 7609)
C. The Clean Water Act (22 U.S.C. Secs. 1288, 1314, 1341, 1342, 1344).
D. Executive Order 11514, Protection and Enhancement of Environmental Quality (March 5, 1970, as amended by Executive Order 11911, May 24, 1977).
E. Executive Order 11288, concerning prevention, control and abatement of water pollution.
F. The Flood Disaster Protection Act of 1973 (12 U.S.C. Sec. 24, 1701-1 Supp.) (42 U.S.C. Sec. 4001 et. seq.)
G. Executive Order 11988, Flood Plain Management.
H. Executive Order 11296, Evaluation of Flood Hazard in Locating Federally Owned or Financed
Buildings, Roads, and other Facilities and in Disposing of Federal Lands and Properties. I. Federal Act for Protection and Restoration of Estuarine Area (P.L. 90-454).
J. Wild and Scenic Rivers Act of 1968 (P.L. 90-542) (U.S.C. 1274 et. seq.).
K. Coastal Zone Management Act of 1972(P.L. 92-583) (16 U.S.C. Sec. 1451, 1456).
L. The Rivers and Harbor Act of 1899(33 U.S.C. Sec. 401 et. seq.). M. Executive Order 11900, Protection of Wetlands.
N. The Fish and Wildlife Coordination Act (16 U.S.C. Sec 661, 662).
O. The Endangered Species Act of 1973 (16 U.S.C. Sec. 431). P. The Antiquities Act of 1906 (16 U.S.C. Sec. 431).
Q. The Archaeological and Historic Preservation Act of 1974, as amended (P.L. 93-291, 16 U.S.C. Sec. 469 a-1).
R. The National Historic Preservation act of 1974, as amended (P.L. 88-655, 16 U.S.C. Sec. 470 et. seq.) S. Executive Order 11593, Protection and Enhancement of the Cultural Environment.