60-day FRN (published)

1024-0031 60 day FRN (published).pdf

LAND AND WATER CONSERVATION FUND STATE ASSISTANCE PROGRAM 54 U.S.C. §200301 et seq

60-day FRN (published)

OMB: 1024-0031

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Phadrea Ponds,
Acting, Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2019–09901 Filed 5–13–19; 8:45 am]
BILLING CODE 4312–52–P

DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–PVE–LWCF–NPS0027444; 1
PPWOSLAD00 PCA00SA82.Y00000
19XP503582 (PS.SSLAD0019.00.1); OMB
Control Number 1024–0031]

Agency Information Collection
Activities; Land and Water
Conservation Fund State Assistance
Program
National Park Service, Interior.
Notice of information collection;
request for comment.

AGENCY:
ACTION:

In accordance with the
Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are
proposing to renew an information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before July 15,
2019.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Phadrea Ponds, Acting
Information Collection Clearance
Officer, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email at
[email protected]; or by
telephone at 970–267–7231. Please
reference OMB Control Number 1024–
0031 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR by mail, contact Elisabeth
Fondriest, Recreation Grants Chief, 1849
C Street NW (2225), Washington, DC
20240; or by email at elisabeth_
[email protected]; or by telephone at
202–354–6916. Please reference OMB
Control Number 1024–0031 in the
subject line of your comments.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of

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SUMMARY:

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information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
We are soliciting comments on the
proposed ICR that is described below.
We are especially interested in public
comment addressing the following
issues: (1) Is the collection necessary to
the proper functions of the NPS; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
NPS enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the NPS
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Land and Water
Conservation Fund Act of 1965 (LWCF
Act) (54 U.S.C. 200305) was enacted to
help preserve, develop, and ensure
access for the public to outdoor
recreation opportunities. 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.
In accordance with the LWCF Act, we
administer the LWCF State Assistance
Program, which provides matching
grants to States, and through the States
to local units of government. LWCF
grants are provided to States on a
matching basis for up to 50 percent of

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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 state-wide
recreation plan. Payments for all
projects are made to the State agency
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.
The following information is collected
to administer the LWCF State
Assistance Program:
Application. States may seek financial
assistance for acquisition, development,
or planning projects to be conducted
under the LWCF Act. To receive a grant,
States must submit an application to
NPS for review and approval. We use
the information provided in
applications to determine eligibility
under the authorizing legislation and to
select those projects that will provide
the highest return on the Federal
investment. Project proposals for LWCF
grants comprise the following:
• NPS Form 10–902 Project
Agreement. This form documents the
agreement between the NPS and the
State for accomplishing the project. It
binds the Federal Government and the
State to certain obligations through its
acceptance of Federal assistance,
including the rules and regulations
applicable to the conduct of a project
under the Act and any special terms and
conditions to the project established by
the NPS and agreed to by the State. It
obligates the United States to provide
grants up to a designated amount for
eligible costs; sets forth methods of
costing, accounting, incurrence of costs,
and similar matters. The form also
establishes the project performance
period and briefly describes the scope of
the project. (Note: we anticipate
discontinuing use of this form.)
• NPS Form 10–903 Description and
Notification Form (DNF). The State must
submit a DNF for each park or other
recreation area that will be assisted with
grant funds. This form provides data
about the assisted project site(s), such as
location, acreages and details about
improvements, as understood at the
beginning of each grant project.
• NPS Form 10–904 Proposal
Description (PD) and Environmental
Screening Form (ESF). The PD assists
the applicant in developing a narrative
that provides administrative and

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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices

descriptive information to help the
Federal decision-maker understand the
nature of the proposed project. The ESF
indicates the resources that could be
impacted by the project, enabling States
and/or local project sponsors to more
accurately follow an appropriate
pathway for compliance with the
National Environmental Policy Act
(NEPA). The analysis serves as part of
the Federal administrative record
required by NEPA and its implementing
regulations. (Note: we anticipate
revising this form to make a version
specific for grant applications.)
• Pre-award On-site Inspection
Report. The State must physically
inspect proposed project sites prior to
the award of grant funds and report on
the findings. The inspection must be
conducted in accord with the onsite
inspection agreement between the State
and NPS. See additional information
under Reports, below.
• Maps and other supporting
documentation. Applicants must
develop and submit two maps: one
depicting the general location of the
park as well as the entrance area; the
other delineating the specific boundary
of the outdoor recreation area that will
be protected for outdoor recreation
purposes and subject to the conversion
provisions at 54 U.S.C. 200305(f).
Applicants should submit other
documents that have a significant
bearing on the project.
Grant Amendment. After initial award
but during the award performance
period, a State or project sponsor may
seek to modify the agreed-upon terms,
such as the award end date, the scope
of work, or the budget. NPS must review
and approve such changes. States must
submit an amendment request on behalf
of themselves or the local sponsor,
which depending on the nature of the
change, could comprise the following
elements: NPS Form 10–902A,
‘‘Amendment to Project Agreement:,
revised Standard Forms, a letter from
the State Liaison Officer (SLO)
describing the proposed changes and
the impact to the project, the PD/ESF, a
revised boundary map, and a revised
DNF.
• NPS Form 10–902A Amendment to
Project Agreement. An amendment form
is required to alter the signed Project
Agreement for conversion requests.
When the amendment is signed by the
NPS, it becomes part of the agreement
and supersedes it in the specified
matters. (Note: we anticipate
discontinuing use of this form for grant
amendments.)
• NPS Form 10–903 Description and
Notification Form. A revised DNF may
be required for changes in scope that

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significantly alter the planned facility
development or the acreage of the site
or area to be protected under 6(f).
Conversion of Use. In accordance with
54 U.S.C. 200305(f) and implementing
regulations found at 36 CFR 59, no
lands acquired or developed with LWCF
funds can be converted to other than
public outdoor recreation uses without
the approval of the Secretary of the
Interior. States must submit a formal
request to the appropriate NPS Regional
Office with documentation to
substantiate that: (a) All alternatives to
the conversion have been evaluated and
then rejected on a sound basis; (b)
required replacement land being offered
as a substitute is of reasonably
equivalent location and recreational
usefulness as the assisted site proposed
for conversion; (c) the property
proposed for substitution meets the
eligibility requirements for LWCF
assistance; and (d) replacement property
is of at least equal fair market value as
established by an appraisal developed
in accordance with Federal appraisal
standards. Required documentation is
similar to that submitted for grant
applications and amendment requests
(Forms 10–902A, Amendment to Project
Agreement; 10–903, DNF; and/or 10–
904, PD/ESF). Additional documents
include maps showing the existing
protected recreation area and
delineating the area to be converted and
of the proposed replacement property.
(Note: we anticipate continuing to use
Form 10–902A for conversions and also
revising Form 10–904 to create a version
that would be used specifically for
conversions and other post-grant
amendments.)
Statewide Comprehensive Outdoor
Recreation Plan (SCORP). The LWCF
Act requires that to be eligible for LWCF
financial assistance, each State must
prepare and submit a SCORP to NPS for
approval. The NPS requires a new or
updated SCORP at least once every 5
years. The SCORP must include:
• The name of the State agency that
will have the authority to represent and
act for the State.
• An evaluation of the demand for
and supply of outdoor recreation
resources and facilities in the State.
• A program for the implementation
of the plan.
• Certification by the Governor that
ample opportunity for public
participation has taken place in plan
development.
Open Project Selection Process
(OPSP). Each State must develop an
OPSP that provides objective criteria
and standards for grant selection that
are explicitly based on each State’s
priority needs for the acquisition and

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development of outdoor recreation
resources as identified in the SCORP.
The OPSP is the connection between the
SCORP and the use of LWCF grants to
assist State efforts in meeting high
priority outdoor recreation resource
needs. To ensure continuing close ties
between the SCORP and the OPSP,
States must review project selection
criteria each time that a new or
amended SCORP is approved by the
NPS. States must submit to the NPS a
revised set of OPSP criteria that conform
to any changes in SCORP priorities or
submit an appropriate certification that
no such revisions are necessary.
Proposal for a Public Facility. Except
for certain kinds of supporting facilities
(e.g., restrooms, visitor information
centers), project sponsors must seek
NPS approval when constructing an
indoor structure on a property that has
received LWCF assistance. In most
cases, development of an indoor
structure would constitute a conversion,
but, in certain cases NPS may approve
them where it can be shown that they
will enhance the outdoor recreation
uses of a park and there will be a net
gain in benefits to the outdoor recreating
public using that park. The request
comprises the PD/ESF, which is used to
describe the nature of the facility, how
it will support and enhance the outdoor
recreation use of the site, and ownership
and management; as well as a copy of
a revised boundary map indicating the
location of the proposed facility.
Request for Temporary NonConforming Use. Project sponsors must
seek NPS approval for the temporary
(up to 6 months) use of an LWCFassisted site for purposes that do not
conform to the public outdoor
recreation requirements. The State’s
proposal to NPS must include: (a) Form
10–904, PD/ESF (used to describe the
proposed temporary use); (b) SLO
recommendations; and (c) an
acknowledgement by the SLO that a full
conversion will result if the temporary
use has not ceased after 6 months.
Request for Significant Change of Use.
Project sponsors must seek NPS
approval to change the use of an
assisted site from one eligible use to
another when the proposed use
significantly contravenes the plans or
intent for the area as they were outlined
in the original LWCF application for
Federal assistance; e.g., changing a site’s
use from passive to active recreation.
NPS Form 10–904, PD/ESF is used for
this request.
Extension of the 3-year Limit for
Delayed Outdoor Recreation
Development. Project sponsors must
seek NPS approval to continue a nonrecreation use beyond the 3-year limit

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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices
for acquisition projects that were
previously approved with delayed
outdoor recreation development. The
State must submit a written request and
justification for such an extension to
NPS before the end of the initial 3-year
period. This request must include: (a) A
full description of the property’s current
public outdoor recreation resources and
the public’s current ability to use the
property; and (b) an update of the
project sponsor’s plans and schedule for
developing outdoor recreation facilities
on the property.
Reports. We use this information
provided in reports to ensure that the
grantee is accomplishing the work on
schedule and to identify any problems
that the grantee may be experiencing in
accomplishing that work.
• Onsite Inspection Reports. States
must administer a regular and
continuing program of onsite
inspections of projects. Onsite
inspection reports are prepared for all
inspections conducted and are included
in the official project files maintained
by the State. Progress onsite inspection
reports occur during the grant project
period and are generally combined with
the annual performance report or when
grant payments are made. Final onsite
inspection reports must be submitted to
the NPS within 90 days after the date of
completing a project and prior to final
reimbursement and administrative
closeout. Post-completion onsite
inspection reports must be completed
within 5 years after the final project
reimbursement and every 5 years
thereafter. If there are problems, the
report should include a description of

the discrepancy and the corrective
action to be taken. Only reports
indicating problems are forwarded to
the NPS for review and necessary
action; all other reports are maintained
in State files.
• Financial and Program
Performance Reports. In accordance
with 2 CFR 200 (Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards), grantees must monitor
grant and subgrant supported activities
to ensure compliance with applicable
Federal requirements and that
performance goals are being achieved.
States must submit reports to NPS at
least annually that include performance
and financial information.
Recordkeeping. To comply with the
grant requirements of 2 CFR 200, States
must maintain financial records,
supporting documents, statistical
records, and all other records pertinent
to a grant program for a period of 3 years
after final payment on a project. The
records must be retained beyond the 3year period if audit findings have not
been resolved. However, to comply with
the LWCF Act perpetuity requirements,
States must maintain sufficient records
to allow them to keep track of parks and
other recreation areas that have been
assisted.
Request for Reimbursement/Record of
Electronic Payment. States use the
Automated Standard Application for
Payments (ASAP) system for drawing
funds on approved grants. For planning
grants, States must submit to NPS a
progress report and request for
reimbursement before they may request
Estimated
annual
respondents

Activity

payments. Acquisition and development
projects do not require prior approval,
but upon completion of an electronic
payment on a given date the State must
concurrently (within 24 hours) submit a
completed NPS Form 10–905, ‘‘Record
of Electronic Payment’’ to the LWCF
Program offices in Washington, DC and
applicable NPS Region.
Proposal to Shelter Facilities. Project
sponsors must seek NPS approval to
construct new or partially or fully
enclose an existing outdoor recreation
facility, such as a pool or ice rink, to
shelter them from cold climatic
conditions and thereby increase the
recreational opportunities. This
approval is required whether seeking to
use LWCF grant funds for this purpose
or not. NPS Form 10–904, PD/ESF is
used for this request.
Title of Collection: Land and Water
Conservation Fund State Assistance
Program, 54 U.S.C. 200305.
OMB Control Number: 1024–0031.
Form Number: NPS Forms 10–902,
10–902A, 10–903, 10–904, and 10–905.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public: States
Governments; the Commonwealths of
Puerto Rico and the Northern Mariana
Islands; the District of Columbia; and
the territories of Guam, U.S. Virgin
Islands, and American Samoa.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
Average
completion
time per
response
(hours)

Estimated
annual
responses

Estimated
annual burden
hours *

Application (NPS Forms 10–902, 10–903, and 10–904):
State/Local/Tribal Governments ...............................................................

60

300

12

3,600

50

180

5

900

50

50

92.5

4,625

11

11

600

6,600

11

11

30

330

8

8

16

128

Grant Amendment (NPS Forms 10–902A and 10–903):
State/Local/Tribal Governments ...............................................................
Conversion of Use (NPS Forms 10–902, 10–903, and 10–904):
State/Local/Tribal Governments ...............................................................

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Statewide Comprehensive Outdoor Recreation Plan (SCORP):
State/Local/Tribal Governments ...............................................................
Open Project Selection Process:
State/Local/Tribal Governments ...............................................................
Proposal for Public Facility:
State/Local/Tribal Governments ...............................................................

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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices

Estimated
annual
respondents

Activity

Average
completion
time per
response
(hours)

Estimated
annual
responses

Estimated
annual burden
hours *

Request for Temporary Non-Conforming Use (NPS Form 10–904):
State/Local/Tribal Governments ...............................................................

5

5

16

80

2

2

16

32

5

5

16

80

56

4,368

5.75

25,116

56

661

1

661

56

56

40

2,240

56

336

1

336

State/Local/Tribal Governments ...............................................................

1

1

16

16

Totals: ................................................................................................

427

5,994

........................

44,744

Request for Significant Change of Use (NPS Form 10–904):
State/Local/Tribal Governments ...............................................................
Extension of 3-Year Limit for Delayed Outdoor Recreation Development:
State/Local/Tribal Governments ...............................................................
Onsite Inspection Reports:
State/Local/Tribal Governments ...............................................................
Financial and Program Performance Reports:
State/Local/Tribal Governments ...............................................................
Recordkeeping:
State/Local/Tribal Governments ...............................................................
Request for Reimbursement/Record of Electronic Payment (NPS Form 10–905):
State/Local/Tribal Governments ...............................................................
Proposal to Shelter Facilities:

* Rounded.

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Phadrea Ponds,
Acting, Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2019–09904 Filed 5–13–19; 8:45 am]
BILLING CODE 4312–52–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–747 (Fourth
Review)]

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Fresh Tomatoes From Mexico;
Termination of Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:

The Commission instituted
the subject five-year review on February
1, 2018, to determine whether
termination of the suspended

SUMMARY:

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investigation on fresh tomatoes from
Mexico would be likely to lead to
continuation or recurrence of material
injury to a domestic industry. On
February 6, 2019, the Department of
Commerce (‘‘Commerce’’) gave notice of
its intent to withdraw from and
terminate the 2013 Suspension
Agreement on Fresh Tomatoes from
Mexico and resume the underlying
antidumping duty investigation (March
5, 2019). Effective May 7, 2019,
Commerce withdrew from and
terminated the suspension agreement
and resumed the underlying
antidumping duty investigation.
Accordingly, since there is no longer a
suspension agreement of which to
conduct a five-year review, the U.S.
International Trade Commission gives
notice of the termination of its review
involving fresh tomatoes from Mexico.
DATES: May 7, 2019.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Robinson (202–205–
2542), Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired individuals are
advised that information on this matter
can be obtained by contacting the

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Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
this review may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:

Authority: This review is being terminated
under authority of title VII of the Tariff Act
of 1930 and pursuant to section 207.40(a) of
the Commission’s Rules of Practice and
Procedure (19 CFR 207.40(a)). This notice is
published pursuant to section 201.10 of the
Commission’s rules (19 CFR 201.10).
By order of the Commission.
Issued: May 8, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–09848 Filed 5–13–19; 8:45 am]
BILLING CODE 7020–02–P

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