1024-0033__supporting_statement__August_17_10

Supporting Statement A for Paperwork Reduction Act Submission

OMB Control Number 1024-0033

Land and Water Conservation Fund Project Agreement and Amendment

Form 10-902 and 10-902A

Terms of Clearance: OMB approved this information clearance on August 8, 2007, with the following terms of clearance: Upon the agency's next request for OMB approval, the agency must post this grant opportunity on grants.gov and provide, if practicable, an electronic submission option matching those opportunities.

Response: We considered announcing Land and Water Conservation Fund grant opportunities on Grants.gov, but believe it is not feasible. Based on its Statewide Conservation Outdoor Recreation Plan, each State determines priorities for LWCF funding and announces available grants on the State website. States establish their own criteria for awarding their allocated funding through a competitive selection process. The grants are specific to each State and each State has a different process and grant schedule. Announcing LWCF grants on grants.gov would create a lot of confusion to potential applicants.

1. Explain the circumstances that make collection of information necessary.

The Land and Water Conservation Fund Act of 1965 (LWCF Act) (16 U.S.C 4601-4 et seq.) was enacted to help preserve, develop, and ensure access to outdoor recreation facilities. The LWCF Act provides funds for and authorizes Federal assistance to the States for planning, acquisition, and development of needed land and water areas and facilities.

In accordance with the LWCF Act, the National Park Service (we, NPS) administers the LWCF State Assistance Program, which provides matching grants to States, and through the States to local units of government. As used in this information collection request, the term “States” includes the 50 States; the Commonwealths of Puerto Rico and the Northern Mariana Islands; the District of Columbia; and the territories of Guam, the U.S. Virgin Islands, and American Samoa.

LWCF grants are provided to States on a matching basis for up to 50 percent of the total project-related allowable costs. Grants to eligible insular areas may be for 100 percent assistance. The LWCF State Assistance Program gives maximum flexibility and responsibility to the States. States establish their own priorities and criteria and award their grant money through a competitive selection process based on a Statewide recreation plan. 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.

To receive financial assistance, States must complete and sign the LWCF Project Agreement, NPS 10-902. We use this information to document the obligations assumed by the State through its acceptance of Federal assistance including the rules and regulations applicable to the conduct of a project under the LWCF Act and any special terms and conditions to the project established by the NPS and agreed to by the respondent. This information also obligates the Federal government to provide grants up to the designated amount for eligible costs incurred on the project on the basis of information and estimates contained in the proposal. To alter this agreement, States must complete and sign the Amendment to Project Agreement (Form # 10-902A).

2. Indicate how, by whom, how frequently, and for what purpose the information is to be used. If the information collected will be disseminated to the public or used to support information that will be disseminated to the public, explain how the collection complies with all applicable Information Quality Guidelines.

The LWCF Project Agreement (Form # 10-902) establishes the framework for accomplishing the project, as negotiated between the State and NPS. The project agreement:

• Binds the Federal Government and the State to certain obligations.

• Obligates the United States to provide grants up to a designated amount for eligible costs incurred on the project.

• Sets methods of costing, accounting, incurrence of costs, and similar matters.

• Sets a timeframe for completing the project.

• Describes the scope of the project including what is to be done and how it will be accomplished.

An Amendment to Project Agreement (Form 10-902A) is required to alter the signed agreement. Amendments are required to:

• Increase the total LWCF assistance for a project.

• Add a co-sponsor or change project sponsors.

• Add or delete a Primary Facility Group of the project scope.

• Increase or decrease the acreage to be acquired by more than 10 acres or 20 percent, whichever is greater. Any changes in the location of the project site require an amendment or submission of a new project.

• Extend the project period.

• Amend the project due to a section 6(f)(3) conversion.

3. Describe whether, and to what extent, the collection of information the use of automated, electronic, mechanical or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses and the basis for the decisions for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements.].

The forms are available online at http://www.nps.gov/ncrc/programs/lwcf/pub.htm. The completed forms may be mailed or emailed to the NPS. Also, additional information regarding the LWCF State Assistance Program may be found online at http://www.nps.gov/ncrc/programs/lwcf/fed_state.html.

4. Describe efforts to identify duplication.

There is no duplication of the information between this collection and collections by other entities because the data is project specific for the LWCF State Assistance Program.

5. If the collection of information impacts small businesses or other small entities, describe the methods to minimize the burden.

The collection of information does not impact small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The collection must be conducted in conjunction with each grant approval or amendment to sufficiently protect and oversee the distribution of Federal funds for the LWCF State Assistance Program.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

None of the listed circumstances above apply.

8. Provide the date and page number of publication in the Federal Register of the agency’s notice,

required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice (or in response to a PRA statement) and describe actions taken by the agency in response to those comments.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed or reported. [Please list the name, titles, addresses, and phone numbers of persons contacted.

A notice announcing the extension of the collection and requesting public comments was published in the Federal Register on April 14, 2010 (75 FR 19419) for a 60-day period. The comment period ended on June 14, 2010. The NPS did not receive any comments in response to the Federal Register notice.

The State Liaison Officers listed below, who are appointed by the State governor to administer the LWCF Program, have been consulted concerning the forms. Also, through the National Association of State Outdoor Recreation Liaison Officers, an ongoing mechanism exists for direct input into program administration. No problems with regard to this information collection have been identified from the feedback.

Mr. Wayne M. Sames

Director, Local Grants Unit

Office of Management and Budget (DNR)

500 Lafayette Road, Box 10

St. Paul, MN 55155-4010

Phone 651-259-5559

[email protected]

Mr. Tim Wood

Director

Oregon Parks and Recreation Department

725 Summer Street NE, Suite C

Salem, OR 97301-1271

Telephone: 503-986-0729

[email protected]

Ms. Gail Wolek

Deputy Director

Division of Parks and Recreation

P.O. Box 1856

Concord, NH 03302-1856

Telephone: 603-271-3556

[email protected]

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

There are no payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There are no assurances of confidentiality provided to respondents.

11. Provide additional justification for any question of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

No sensitive questions are asked.

12. Provide estimates of the hour burden of the collection of information.

We are estimating 448 annual responses and 1,344 burden hours for this collection. The maximum number of respondents is 56 and we estimate that we will receive 224 responses for each form. While the number of responses varies among States, this is an average of four responses per State for each form.

We estimate the dollar value of the annual burden hours to be $87,575 (rounded). It will take a State LWCF Coordinator approximately 3 hours to complete a Project Agreement or Amendment. The mean hourly wage is approximately $43.44 based on the Bureau of Labor Statistics, Occupational Employment and Wages, May 2009, http://www.bls.gov/oes/2009/may/oes111021.htm. A multiplier of 1.5 was added for benefits for State/local/tribal governments in accordance with BLS news release USDL 10-0774, June 9, 2010 (http://www.bls.gov/news.release/pdf/ecec.pdf) resulting in an hourly wage of $65.16.

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or record keepers resulting from the collection of information.

There are no nonhour costs.

14. Provide estimates of annualized costs to the Federal Government.

The annual cost to the Federal Government is $25,115 (rounded) ($56.06 X 448 hours). An Outdoor Recreation Planner spends an hour reviewing and processing each form. The hourly rate for a GS-12/step 5 is $37.77, based on the Office of Personnel Management Salary Table 2010-RUS http://www.opm.gov/oca/10tables/pdf/rus_h.pdf . A multiplier of 1.5 was added for benefits in accordance with BLS news release USDL 10-0774, June 9, 2010 (http://www.bls.gov/news.release/pdf/ecec.pdf), resulting in an hourly wage of $56.06.

15. Explain the reason for any program changes or adjustments.

We are reporting a decrease of 2 annual responses and 6 burden hours. This is an adjustment based on our experience in administering this collection over the last several years.

16. For collections of information whose results will be published, outline plans for tabulation and publication.

We do not publish this information.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We will display the OMB control number and expiration date on appropriate materials.

18. Certification

There are no exceptions to the certification statement.