[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Pages 12349-12352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04119]



National Park Service


Proposed Information Collection; Land and Water Conservation Fund 
State Assistance Program

AGENCY: National Park Service, Interior.

ACTION: Notice; request for comments.


SUMMARY: We (National Park Service, NPS) will ask the Office of 
Management and Budget (OMB) to approve the information collection (IC) 
described below. As required by the Paperwork Reduction Act of 1995 and 
as part of our continuing efforts to reduce paperwork and respondent 
burden, we invite the general public and other Federal agencies to take 
this opportunity to comment on this IC. This IC is scheduled to expire 
on October 31, 2013. We 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.

DATES: To ensure that we are able to consider your comments on this IC, 
we must receive them by April 23, 2013.

ADDRESSES: Send your comments on the IC to Madonna L. Baucum, 
Information Collection Clearance Officer, National Park Service, 1201 I 
Street NW., MS 1237, Washington, DC 20005 (mail); or madonna_baucum@nps.gov (email). Please include ``1024-0031'' in the subject 
line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this IC, contact Elisabeth Fondriest, Recreation Grants Chief, 
State and Local Assistance Programs Division at 202-354-6916; or 1849 C 
Street NW., (2225), Washington, DC 20240 (mail); or elisabeth_fondriest@nps.gov (email). Please include ``1024-0031'' in the subject 


I. Abstract

    The Land and Water Conservation Fund Act of 1965 (LWCF Act) (16 
U.S.C. 460l-4 et seq.) was enacted to help preserve, develop, and 
ensure public 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. As used for this information collection, the term 
``States'' includes the 50 States; the Commonwealths of Puerto Rico and 
the Northern Mariana Islands; the District of

[[Page 12350]]

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 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 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 
    The information collection requirements associated with the LWCF 
State Assistance Program are currently approved under five OMB control 
numbers, all of which expire on October 31. 2013. During our review for 
this renewal, we identified some other collection requirements that 
need OMB approval. In this revision of 1024-0031, we are including all 
of the information collection requirements for the LWCF State 
Assistance Program. If OMB approves this revision, we will discontinue 
OMB Control Numbers 1024-0032, 1024-0033, 1024-0034, and 1024-0047. 
Following are the information collection requirements for the LWCF 
State Assistance Program, which are discussed in detail in the Land and 
Water Conservation Fund State Assistance Program Federal Financial 
Assistance Manual, available online at http://www.nps.gov/ncrc/programs/lwcf/manual/lwcf.pdf:
    (1) Statewide Comprehensive Outdoor Recreation Plan (SCORP). The 
LWCF Act requires that to be eligible for LWCF financial assistance, 
each State must prepare and submit to NPS for approval a new or revised 
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; and
     Other necessary information, as may be determined by the 
    (2) 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 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.
    (3) 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. Project proposals for LWCF grants comprise 
the following:
     Proposal Description and Environmental Screening Form (PD/
ESF). The PD assists the applicant in developing a narrative that 
provides administrative and descriptive information to help the Federal 
decisionmaker understand the nature of the proposed project NPS is 
being asked to fund. 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.
     Project Agreement (Form 10-902). 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. (Currently approved under OMB 
Control Number 1024-0033.)
     Description and Notification Form (DNF) (Form 10-903). The 
State must submit a DNF for each project. This form provides data about 
assisted project sites, such as location, acreages and details about 
improvements, as understood at the beginning of each project. 
(Currently approved under OMB Control Number 1024-0031.)
     Pre-award Onsite 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. (Currently approved 
under 1024-0034.)
     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 boundaries 
of the outdoor recreation area that will be subject to the conversion 
provisions of Section 6(f)(3) of the Act. Applicants should submit 
other documents that have a significant bearing on the project.
    (4) Grant Amendments. 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: Amendment to Project Agreement, revised 
Standard Forms, a letter from the SLO describing the proposed changes 
and the impact to the project, the PD/ESF, a revised boundary map, and 
a revised DNF.
     Amendment to Project Agreement (Form 10-902A). An 
amendment form is required to alter the signed Project Agreement. When 
the amendment is signed by the NPS, it becomes part of the agreement 
and supersedes it in the specified matters. (Currently approved under 
     Description and Notification Form (Form 10-903). A revised 
DNF may be required for changes in scope that alter the planned 
facility development or the acreage of the site or area to be protected 
under 6(f).
    (5) Conversions of Use. In accordance with section 6(f)(3) of the 
Act and as codified in 36 CFR 59, no lands acquired or developed with 

[[Page 12351]]

funds can be converted to other than public outdoor recreation uses 
unless the NPS approves. 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 sites 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 amendment requests. Additional 
documents include maps identifying the existing 6(f) boundary with the 
area to be converted, and of the proposed replacement property; and 
appraisal reports establishing property values. (Currently approved 
under OMB Control Number 1024-0047.)
    (6) Proposal for a Public Facility. Project sponsors must seek NPS 
approval to construct public indoor or non-recreation facilities within 
a Section 6(f) area. In most cases, development of such facilities 
would constitute a conversion, but, in certain cases NPS may approve 
them where it can be shown that there will be a net gain in outdoor 
recreation benefits and enhancements for the entire 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 proposed 
revised 6(f) map indicating the location of the proposed facility.
    (7) Requests for Temporary Non-Conforming Uses Within Section 
6(f)(3) Areas. Project sponsors must seek NPS approval for the 
temporary (up to 6 months) use of an LWCF-assisted site for purposes 
that do not conform to the public outdoor recreation requirement. The 
State's proposal to NPS must include: (a) The 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.
    (8) Proposal for a 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. The PD/ESF is used for this request.
    (9) 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 grant 
funds for this purpose or not. The PD/ESF is used for this request.
    (10) Extension of the 3-year Limit for Delayed Outdoor Recreation 
Development. Project sponsors must seek NPS approval to continue a non-
recreation use beyond the 3-year limit 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.
    (11) Reports.
     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 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. Reports indicating problems are 
forwarded to the NPS for review and necessary action; all other reports 
are maintained in State files. (Currently approved under OMB Control 
Number 1024-0034.)
     Financial and Program Performance Reports. In accordance 
with 43 CFR part 12 (Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments), 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. (Currently approved 
under OMB Control Number 1024-0032.)
    (12) Recordkeeping. In accordance with OMB Circular A-102, 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 3 year period if audit findings have not been 
    (13) 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 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 ``LWCF Record of Electronic Payment'' to the program offices 
in Washington, DC and their applicable NPS Region.

II. Data

    OMB Control Number: 1024-0031.
    Title: Land and Water Conservation Fund State Assistance Program, 
36 CFR 59.
    Service Form Numbers: 10-902, 10-902A, and 10-903.
    Type of Request: Revision of a currently approved collection.
    Description of Respondents: States; 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.
    Number of Respondents: 56.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.

[[Page 12352]]

                                                                     Number of       time per      Total annual
                            Activity                                  annual         response     burden hours *
                                                                     responses        (hours)
Statewide Comprehensive Outdoor Recreation Plan.................              11             200           2,200
Open Project Selection Process..................................              11              10             110
Applications....................................................             250               5           1,250
Grant Amendments................................................             180             3.5             630
Conversions of Use..............................................              50              35           1,750
Public Facility Requests........................................               8               2              16
Requests for Temporary Non-Conforming Uses......................               5               2              10
Request for a Significant Change of Use.........................               2               1               2
Request to Shelter Facilities...................................               1               1               1
Extension of 3-Year Limit for Delayed Outdoor Recreation                       5               1               5
Onsite Inspection Reports.......................................           4,350             1.5           6,525
Financial and Program Performance Reports.......................             660               1             660
Recordkeeping...................................................              56              40           2,240
Requests for Reimbursement/Record of Electronic Payment.........             325              .5             163
    Totals......................................................           5,914  ..............          15,562
* rounded.

III. Comments

    We invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.
    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 IC. 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.

    Dated: February 15, 2013.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2013-04119 Filed 2-21-13; 8:45 am]