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e-CFR
Data is current as of July 20, 2010

Title 36:
Parks, Forests, and Public Property

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PART 59—LAND AND WATER CONSERVATION FUND PROGRAM OF ASSISTANCE TO
STATES; POST-COMPLETION COMPLIANCE RESPONSIBILITIES

Section Contents
§ 59.1   Applicability.
§ 59.2   Information
collection.
§ 59.3   Conversion
requirements.
§ 59.4   Residency
requirements.
§§ 59.5-59.6   [Reserved]

Authority:   Sec. 6, L&WCF Act of
1965 as amended; Pub. L. 88–578; 78 Stat. 897; 16 U.S.C. 4601–4 et seq.

Source:   51 FR 34184, Sept. 25, 1986,
unless otherwise noted.

§ 59.1   Applicability.

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These post-completion responsibilities apply to each area or facility
for which Land and Water Conservation Fund (L&WCF) assistance is
obtained, regardless of the extent of participation of the program in the
assisted area or facility and consistent with the contractural agreement
between NPS and the State. Responsibility for compliance and enforcement
of these provisions rests with the State for both State and locally
sponsored projects. The responsibilities cited herein are applicable to
the area depicted or otherwise described on the 6(f)(3) boundary map
and/or as described in other project documentation approved by the
Department of the Interior. In many instances, this mutually agreed to
area exceeds that actually receiving L&WCF assistance so as to assure
the protection of a viable recreation entity. For leased sites assisted
under L&WCF, compliance with post-completion requirements of the grant
ceases following lease expiration unless the grant agreement calls for
some other arrangement.

§ 59.2   Information collection.

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The information collection requirements contained in §59.3 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance number 1024–0047. The information is being
collected to determine whether to approve a project sponsor's request to
convert an assisted site or facility to other than public outdoor
recreation uses. The information will be used to assure that the
requirements of section 6(f)(3) of the L&WCF Act would be met should
the proposed conversion be implemented. Response is required in order to
obtain the benefit of Department of the Interior approval.

§ 59.3   Conversion requirements.

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(a) Background and legal requirements. Section 6(f)(3) of the
L&WCF Act is the cornerstone of Federal compliance efforts to ensure
that the Federal investments in L&WCF assistance are being maintained
in public outdoor recreation use. This section of the Act assures that
once an area has been funded with L&WCF assistance, it is continually
maintained in public recreation use unless NPS approves substitution
property of reasonably equivalent usefulness and location and of at least
equal fair market value.

(b) Prerequisites for conversion approval. Requests from the
project sponsor for permission to convert L&WCF assisted properties in
whole or in part to other than public outdoor recreation uses must be
submitted by the State Liaison Officer to the appropriate NPS Regional
Director in writing. NPS will consider conversion requests if the
following prerequisites have been met:

(1) All practical alternatives to the proposed conversion have been
evaluated.

(2) The fair market value of the property to be converted has been
established and the property proposed for substitution is of at least
equal fair market value as established by an approved appraisal (prepared
in accordance with uniform Federal appraisal standards) excluding the
value of structures or facilities that will not serve a recreation
purpose.

(3) The property proposed for replacement is of reasonably equivalent
usefulness and location as that being converted. Dependent upon the
situation and at the discretion of the Regional Director, the replacement
property need not provide identical recreation experiences or be located
at the same site, provided it is in a reasonably equivalent location.
Generally, the replacement property should be administered by the same
political jurisdiction as the converted property. NPS will consider State
requests to change the project sponsor when it is determined that a
different political jurisdiction can better carry out the objectives of
the original project agreement. Equivalent usefulness and location will be
determined based on the following criteria:

(i) Property to be converted must be evaluated in order to determine
what recreation needs are being fulfilled by the facilities which exist
and the types of outdoor recreation resources and opportunities available.
The property being proposed for substitution must then be evaluated in a
similar manner to determine if it will meet recreation needs which are at
least like in magnitude and impact to the user community as the converted
site. This criterion is applicable in the consideration of all conversion
requests with the exception of those where wetlands are proposed as
replacement property. Wetland areas and interests therein which have been
identified in the wetlands provisions of the Statewide Comprehensive
Outdoor Recreation Plan shall be considered to be of reasonably equivalent
usefulness with the property proposed for conversion regardless of the
nature of the property proposed for conversion.

(ii) Replacement property need not necessarily be directly adjacent to
or close by the converted site. This policy provides the administrative
flexibility to determine location recognizing that the property should
meet existing public outdoor recreation needs. While generally this will
involve the selection of a site serving the same community(ies) or area as
the converted site, there may be exceptions. For example, if property
being converted is in an area undergoing major demographic change and the
area has no existing or anticipated future need for outdoor recreation,
then the project sponsor should seek to locate the substitute area in
another location within the jurisdiction. Should a local project sponsor
be unable to replace converted property, the State would be responsible,
as the primary recipient of Federal assistance, for assuring compliance
with these regulations and the substitution of replacement property.

(iii) The acquisition of one parcel of land may be used in satisfaction
of several approved conversions.

(4) The property proposed for substitution meets the eligibility
requirements for L&WCF assisted acquisition. The replacement property
must constitute or be part of a viable recreation area. Unless each
of the following additional conditions is met, land currently in
public ownership, including that which is owned by another public agency,
may not be used as replacement land for land acquired as part of an
L&WCF project:

(i) The land was not acquired by the sponsor or selling agency for
recreation.

(ii) The land has not been dedicated or managed for recreational
purposes while in public ownership.

(iii) No Federal assistance was provided in the original acquisition
unless the assistance was provided under a program expressly authorized to
match or supplement L&WCF assistance.

(iv) Where the project sponsor acquires the land from another public
agency, the selling agency must be required by law to receive payment for
the land so acquired.

In the case of development projects for which the State match was not
derived from the cost of the purchase or value of a donation of the land
to be converted, but from the value of the development itself, public land
which has not been dedicated or managed for recreation/conservation use
may be used as replacement land even if this land is transferred from one
public agency to another without cost.

(5) In the case of assisted sites which are partially rather than
wholly converted, the impact of the converted portion on the remainder
shall be considered. If such a conversion is approved, the unconverted
area must remain recreationally viable or be replaced as well.

(6) All necessary coordination with other Federal agencies has been
satisfactorily accomplished including, for example, compliance with
section 4(f) of the Department of Transportation Act of 1966.

(7) The guidelines for environmental evaluation have been
satisfactorily completed and considered by NPS during its review of the
proposed 6(f)(3) action. In cases where the proposed conversion arises
from another Federal action, final review of the State's proposal shall
not occur until the NPS Regional office is assured that all environmental
review requirements related to that other action have been met.

(8) State intergovernmental clearinghouse review procedures have been
adhered to if the proposed conversion and substitution constitute
significant changes to the original Land and Water Conservation Fund
project.

(9) The proposed conversion and substitution are in accord with the
Statewide Comprehensive Outdoor Recreation Plan (SCORP) and/or equivalent
recreation plans.

(c) Amendments for conversion. All conversions require
amendments to the original project agreements. Therefore, amendment
requests should be submitted concurrently with conversion requests or at
such time as all details of the conversion have been worked out with NPS.
Section 6(f)(3) project boundary maps shall be submitted with the
amendment request to identify the changes to the original area caused by
the proposed conversion and to establish a new project area pursuant to
the substitution. Once the conversion has been approved, replacement
property should be immediately acquired. Exceptions to this rule would
occur only when it is not possible for replacement property to be
identified prior to the State's request for a conversion. In such cases,
an express commitment to satisfy section 6(f)(3) substitution requirements
within a specified period, normally not to exceed one year following
conversion approval, must be received from the State. This commitment will
be in the form of an amendment to the grant agreement.

(d) Obsolete facilities. Recipients are not required to continue
operation of a particular facility beyond its useful life. However, when a
facility is declared obsolete, the site must nonetheless be maintained for
public outdoor recreation following discontinuance of the assisted
facility. Failure to so maintain is considered to be a conversion.
Requests regarding changes from a L&WCF funded facility to another
otherwise eligible facility at the same site that significantly contravene
the original plans for the area must be made in writing to the Regional
Director. NPS approval must be obtained prior to the occurrence of the
change. NPS approval is not necessarily required, however, for each and
every facility use change. Rather, a project area should be viewed in the
context of overall use and should be monitored in this context. A change
from a baseball field to a football field, for example, would not require
NPS approval. A change from a swimming pool with substantial recreational
development to a less intense area of limited development such as a
passive park, or vice versa, would, however, require NPS review and
approval. To assure that facility changes do not significantly contravene
the original project agreement, NPS shall be notified by the State of
all proposed changes in advance of their occurrence. A primary NPS
consideration in the review of requests for changes in use will be the
consistency of the proposal with the Statewide Comprehensive Outdoor
Recreation Plan and/or equivalent recreation plans. Changes to other than
public outdoor recreation use require NPS approval and the substitution of
replacement land in accordance with section 6(f)(3) of the L&WCF Act
and paragraphs (a) through (c) of this section.

[51 FR 34184, Sept. 25, 1986, as amended at 52 FR 22747, June 15,
1987]

§ 59.4   Residency requirements.

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(a) Background. Section 6(f)(8) of the L&WCF Act prohibits
discrimination on the basis of residence, including preferential
reservation or membership systems, except to the extent that reasonable
differences in admission and other fees may be maintained on such basis.
This prohibition applies to both regularly scheduled and special events.
The general provisions regarding non-discrimination at sites assisted
under Interior programs and, thereby, all other recreation facilities
managed by a project sponsor, are covered in 43 CFR part 17 which
implements the provisions of Title VI of the Civil Rights Act of 1964 for
the Department.

(b) Policy. There shall be no discrimination for L&WCF
assisted programs and services on the basis of residence, except in
reasonable fee differentials. Post-completion compliance responsibilities
of the recipient should continue to ensure that discrimination on the
basis of residency is not occurring.

(c) Fees. Fees charged to nonresidents cannot exceed twice that
charged to residents. Where there is no charge for residents but a fee is
charged to nonresidents, nonresident fees cannot exceed fees charged for
residents at comparable State or local public facilities. Reservation,
membership, or annual permit systems available to residents must also be
available to nonresidents and the period of availability must be the same
for both residents and nonresidents. Recipients are prohibited from
providing residents the option of purchasing annual or daily permits while
at the same time restricting nonresidents to the purchase of annual
permits only. These provisions apply only to the approved 6(f)(3) areas
applicable to the recipient. Nonresident fishing and hunting license fees
are excluded from these requirements.

§§ 59.5-59.6   [Reserved]

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