36 Cfr 59

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ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of September 12, 2013
Title 36: Parks, Forests, and Public Property
PART 59—LAND AND WATER CONSERVATION FUND PROGRAM OF ASSISTANCE TO
STATES; POST-COMPLETION COMPLIANCE RESPONSIBILITIES
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.
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.
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.
(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
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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.
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(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,
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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.
(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 nondiscrimination 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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